Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, WEDNESDAY, JUNE 23, 2004 No. 88 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces served his parish and the Lancaster called to order by the Speaker pro tem- to the House his approval thereof. community during that time. He has pore (Mr. SHAW). Pursuant to clause 1, rule I, the Jour- earned two master’s degrees and a doc- f nal stands approved. torate degree from the Concordia Theo- f logical Seminary located in Fort DESIGNATION OF THE SPEAKER Wayne, Indiana, and St. Louis, Mis- PRO TEMPORE PLEDGE OF ALLEGIANCE souri. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the In addition to his parish duties, Dr. fore the House the following commu- gentleman from Arkansas (Mr. ROSS) Davidson also serves as second vice nication from the Speaker: come forward and lead the House in the chairman of the Lutheran Church-Mis- WASHINGTON, DC, Pledge of Allegiance. souri Synod, where he provides gov- June 23, 2004. Mr. ROSS led the Pledge of Alle- erning assistance to 172 congregations I hereby appoint the Honorable E. CLAY giance as follows: located in Ohio and portions of West SHAW, Jr. to act as Speaker pro tempore on I pledge allegiance to the Flag of the Virginia and Kentucky. this day. United States of America, and to the Repub- Dr. Davidson is also known as a com- J. DENNIS HASTERT, lic for which it stands, one nation under God, munity leader. He serves as chaplain Speaker of the House of Representatives. indivisible, with liberty and justice for all. for the Charity Newsies in Fairfield f f County and the Fairfield County Cor- oner. PRAYER MESSAGE FROM THE SENATE On the personal side, Dr. Davidson The Reverend Dr. Jack Davidson, A message from the Senate by Mr. and his wife, Luann, have been married Pastor, Redeemer Lutheran Church, Monahan, one of its clerks, announced for 22 years and are blessed with four Lancaster, Ohio, offered the following that the Senate has passed without beautiful children, Rachel, Emily, An- prayer: amendment a bill of the House of the drew, and Mark. Almighty and Gracious God, as we following title: Dr. Davidson is an uplifting minister begin this new day, we seek Your for- H.R. 4589. An act to reauthorize the Tem- who is loved by his family and is well giveness and blessing. As Creator and porary Assistance for Needy Families block respected by the Lancaster community Governor of all, we pray that You will grant program through September 30, 2004, and the members of the Redeemer Lu- protect our country from all harm and and for other purposes. theran Church. attack. Restrain the plans of those who The message also announced that the As Ohio’s Seventh District Congress- would do us evil. Change the hearts of Senate has passed a joint resolution of man, I would like to take this oppor- our enemies that we may live with the following title in which the concur- tunity to publicly recognize Dr. David- them in peace. Give to those who pro- rence of the House is requested: son for his commitment to the church tect us the wisdom to defeat the plans S.J. Res. 33. Joint resolution expressing and his community over the years. His of our enemies so that the people of support for freedom in Hong Kong. many contributions to the spiritual this Nation will live in unity and f growth of central Ohio are noteworthy, peace. and I thank him for his service. Bless all those in service of our coun- WELCOMING THE REVEREND DR. f try. Endow our leaders with wisdom JOHN C. DAVIDSON and knowledge, that by Your power, (Mr. HOBSON asked and was given SPENDING RESTRAINT they will make God-pleasing decisions permission to address the House for 1 (Mr. RYUN of Kansas asked and was for the welfare of our citizens; through minute and to revise and extend his re- given permission to address the House Jesus Christ Your Son Our Lord, who marks.) for 1 minute and to revise and extend lives and reigns with You and the Holy Mr. HOBSON. Mr. Speaker, I rise his remarks.) Spirit, one God, world without end. today to recognize this morning’s hon- Mr. RYUN of Kansas. Mr. Speaker, Amen. ored guest chaplain, Dr. John C. David- $164 billion of new Federal spending f son, who serves as the pastor of the Re- took place between 2001 and 2003, unre- deemer Lutheran Church in Lancaster, lated to defense and the events of 9/11. THE JOURNAL Ohio. We are borrowing to spend, and we The SPEAKER pro tempore. The Dr. Davidson has been an ordained need to bring spending under control or Chair has examined the Journal of the minister for 22 years and has faithfully we put future generations, our children

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.000 H23PT1 H4768 CONGRESSIONAL RECORD — HOUSE June 23, 2004 and grandchildren, at risk with no hope The President’s tax relief is helping The Archimedes Club has shown an of paying off this debt. We dem- American job seekers. Unemployment unwavering dedication to the commu- onstrated that in 1998 with the bal- has fallen to 5.6, the lowest average un- nity by developing character traits and anced budget showing fiscal responsi- employment rate of the 1970s, 1980s, social skills through boating activities. bility, but years of surpluses has and 1990s. In my State of Florida, un- Its members will be donating their sparked a spending spree that does not employment is at 4.7, showing jobs are time and boating knowledge the week- stop when the money runs out. being created and people are working. end of July 23 to give water sports fans Alan Greenspan warned Congress The President’s tax relief is helping the opportunity to participate in chal- that we must restrain spending. He the budget of America’s families, in- lenging competitions. said this last summer: ‘‘I would like to creasing disposable income, allowing The Archimedes Club plans to build see the restoration of PAYGO and dis- them to buy the things they need for on this race and to donate the boats cretionary caps which essentially will their families and their homes. And the that are built to other communities restrain the expanse of the deficit and President’s tax relief is helping Amer- around Florida. This act shows the un- indeed ultimately contain it.’’ ica’s businesses. The stock market is selfish and unwavering commitment of I urge my colleagues to heed Green- up 18 percent, increasing America’s the Archimedes Club to help others, span’s remarks and to have the oppor- capital base by more than $2 trillion. and it does not stop at the local level. tunity to reign in spending and update All in all, this is working, jobs are For the sincere concern and the out- the budget process. growing, the economy is strong. We sa- standing dedication to underprivileged f lute the President for his leadership. families, I congratulate the Archi- medes Club for all it has done. The RESTORE BUDGET CUTS TO f members will inspire many more citi- VETERANS PROGRAMS NO MORE JUDGMENT CALLS zens to follow in their steps. (Mr. ROSS asked and was given per- (Mr. EMANUEL asked and was given f mission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- MOUNTAIN OF DEBT FOR FUTURE marks.) marks.) GENERATIONS Mr. ROSS. Mr. Speaker, on the 4th of Mr. EMANUEL. Mr. Speaker, Deputy (Mr. DEFAZIO asked and was given July our Nation will celebrate its 228th Secretary of Defense Paul Wolfowitz permission to address the House for 1 birthday. On this day, we will remem- testified before Congress yesterday minute.) ber how our Founding Fathers dedi- that he did not plan or expect an insur- Mr. DEFAZIO. Mr. Speaker, I was cated their lives to honor the novel gency in Iraq. This observation, from pleased to hear one of my Republican ideas of liberty, equality, and democ- one of the war’s architects, whose colleagues precede me and talk about racy. record includes ridiculing former Gen- the impact of the debt, the growing Today, our brave men and women in eral of the Army, General Shinseki, by deficit and the debt. I wish that the uniform exemplify the spirit, sacrifice, saying his troop estimate was ‘‘way off folks downtown were listening. and commitment of the American peo- the mark.’’ Now there are 150,000 Amer- DICK CHENEY, Vice President DICK ple to securing freedom and democracy icans in the Iraqi theater. CHENEY, has declared that deficits do throughout the world, and our veterans He said that Iraqi oil would pay for not matter. In fact, he now wants to are living examples of the ideals of our reconstruction. U.S. taxpayers have send the result of this growing moun- Founding Fathers. been tabbed $20 billion to rebuild Iraq. tain of debt to an undisclosed location Unfortunately, there are some in Secretary Wolfowitz could not re- by hiding the fact that the United Congress who actually want to cut member how many troops had been States of America is about to exceed funding for our veterans. House Repub- killed in Iraq. At that point he guessed its $7.3 trillion debt limit. For the sec- licans passed a budget this year that about 500. In fact, there had been 734 at ond time in Bush’s brief 31⁄2 years in of- slashes funding for veterans health the time. He was off by 30 percent. fice, Congress is going to have to in- care by $1 billion, and President Bush’s Now he says he could not com- crease the debt limit of the country, a 2006 budget is expected to include an- prehend and did not plan for an Iraqi burden that will be passed on for the other $900 million in cuts for veterans insurgency. next 30 to 50 years for future genera- health care. How many times do you have to be tions of Americans. Now they want to Mr. Speaker, we promised our vet- wrong in this administration and still do it in a stealth manner, by attaching erans health care for life, not health have your job? Maybe Ahmed Chalabi some vague language to a defense bill care someday. I urge my colleagues in did not tell him to plan for insurgency. in the hope that they will not have to Congress to restore these cuts to our Now he is telling us that our stay in take a vote on the product of what veterans programs. Iraq could last years. they have created here, which is an- Our veterans are truly America’s With a record like that, Mr. other couple of trillion dollars of debt greatest generation, and this Congress Wolfowitz, do not give us any more of for the American people. should honor them. your judgment calls. They should at least have the cour- f f age and the honesty of their convic- tions and bring up the debt limit on ONE-YEAR ANNIVERSARY OF THE ARCHIMEDES CLUB FAMILY BOAT the floor of the House and vote on it so JOBS AND GROWTH ACT OF 2003 WEEKEND people can see the product of their eco- (Mr. FOLEY asked and was given per- (Ms. ROS-LEHTINEN asked and was nomic and tax policies, which is a mission to address the House for 1 given permission to address the House mountain of debt for future genera- minute and to revise and extend his re- for 1 minute and to revise and extend tions. marks.) her remarks.) f Mr. FOLEY. Mr. Speaker, 1 year ago Ms. ROS-LEHTINEN. Mr. Speaker, I today, President Bush signed into law would like to recognize the Archimedes JOHN KERRY SHOULD APOLOGIZE the Jobs and Growth Tax Relief Rec- Club, especially its chairman, Doron FOR VIETNAM TESTIMONY onciliation Act of 2003, enabling Amer- Zilbershtein. This wonderful organiza- (Mr. PITTS asked and was given per- ican workers, families, and businesses tion in my South Florida district will mission to address the House for 1 to keep more of their own money and be holding its first annual boat race minute and to revise and extend his re- laying a foundation for economic hosted by the Coconut Grove Sailing marks.) growth and job creation now and for Club. Mr. PITTS. Mr. Speaker, this week, years to come. This event will allow selected fami- the Vietnamese Government has Eleven million individuals and families, teamed up with underprivileged weighed in on the Iraqi prison scandal, lies will receive an average tax cut of families, to spend time together build- but the official Communist Vietnamese $1,500; 49 million married couples will ing boats that they will race to the fin- news agency is not citing the Geneva have an average tax cut of $2,600. ish line. Conventions or the U.N.; it is citing

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.003 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4769 testimony given by JOHN KERRY in 1971 VOTE YES ON THE SPENDING AMERICAN FAMILY BUDGET ACT in condemning our troops. CONTROL ACT (Mr. PENCE asked and was given per- Mr. KERRY testified that American (Mr. MARIO DIAZ-BALART of Flor- mission to address the House for 1 soldiers from top to bottom committed ida asked and was given permission to minute and to revise and extend his re- human rights violations, ‘‘cutting off address the House for 1 minute and to marks.) ears, murder, rape, destruction,’’ et revise and extend his remarks.) Mr. PENCE. Mr. Speaker, the ques- cetera. The problem is, he relied on re- tion on the hearts and minds of mil- ports by a group of supposed Vietnam Mr. MARIO DIAZ-BALART of Flor- lions of Americans was expressed last veterans who were not what they ida. Mr. Speaker, for years, the Demo- week on the editorial pages of the Wall seemed. They claimed to be former crats have offered a simple approach to Street Journal. Will Republicans step Vietnam veterans. They were not. the American economy: Increased up to control spending? In an age They were frauds. They were out only taxes on the hard working American where we have seen an extraordinary to discredit the military and our coun- people. For starters, we voted down try. three proposals by the Democrats dur- increase in non-defense discretionary But JOHN KERRY never repudiated or ing the debate on the budget. Each spending, as a conservative member of apologized for his statements. Instead, would have raised taxes by over its $00 this institution, it is my honest hope he has excused his behavior to youth. billion minimum to the American peo- that we will answer in the affirmative Now his misleading, inaccurate, hate- ple. to that question. ful words are being used by a govern- Last year Republicans rejected And thanks to the leadership of the ment with an atrocious human rights Democrats’ alternatives to major legis- gentleman from Wisconsin (Mr. RYAN), record against the United States. lation that would have added almost $1 the gentleman from California (Mr. That was a difficult time in our his- trillion to the deficit, Mr. Speaker. COX), the gentleman from Texas (Mr. tory. Passion and tensions were high. Now I understand that they may be HENSARLING) and the gentleman from Whatever one’s opinion of Vietnam, proposing a resolution to the floor call- Indiana (Mr. CHOCOLA) with the Amer- our troops suffered because of this kind ing for billions and billions of dollars ican Family Budget Act Congress is of false witness to their efforts in Viet- of, again, increased taxes to the hard poised to do just that. nam; and as a Vietnam veteran, I think working American people. Tomorrow we will consider the first Mr. KERRY should apologize once and I hope, and this week we should have major budget process reform in 3 dec- for all and disavow those statements as a chance, to reign in spending by vot- ades on Capitol Hill. And their initia- false before other nations decide to use ing in favor of the Spending Control tives will be a part of the amendments. them. Act and some amendments to that Act. But some now are considering not even bringing budget process reform to the f As a member of the Committee on the Budget, Mr. Speaker, I have heard floor. SAUDI ARABIAN ANTI-SEMITISM endless rhetoric by our friends the And I rise today to say, Mr. Speaker, (Ms. BERKLEY asked and was given Democrats about the deficit, but at the that we must today answer the ques- permission to address the House for 1 end of the day, all they propose is more tion in the affirmative. Will Repub- minute and to revise and extend her re- spending and more taxes. If they are licans step up and control spending? To marks.) serious, Mr. Speaker, about reducing answer yes, Republicans must bring Ms. BERKLEY. Mr. Speaker, I rise the deficit, then they will join us vot- spending reform to the floor tomorrow. this morning to speak out against the ing yes on the Spending Control Act. Debate it, amend it, and say yes to the continued pattern of anti-Semitism American people that fiscal discipline and racism by the Saudi royal family. f is alive and well in the House of Rep- Last month, Crown Prince Abdullah resentatives and in this Republican was quoted as telling Saudi television majority. that ‘‘Zionists’’ were behind the May 1 STOP THE CUTS IN VETERANS’ f attack on contractors at the Saudi oil HEALTH CARE facility in Yanbu. The Crown Prince (Mrs. CAPPS asked and was given JOBS ARE COMING BACK IN OUR was also quoted in a story appearing in permission to address the House for 1 ECONOMY a Saudi newspaper as saying, ‘‘Our minute and to revise and extend her re- (Mr. RYAN of Wisconsin asked and country is targeted; you know who is marks.) was given permission to address the behind all of this. It is Zionism.’’ Mrs. CAPPS. Mr. Speaker, as we ap- House for 1 minute and to revise and Enough is enough. proach the 4th of July, I rise in sharp extend his remarks.) b 1015 disagreement with the priorities of this Mr. RYAN of Wisconsin. Mr. Speaker, This is not the first time I have come administration for our veterans. Amer- in this very negative bitter political to the floor to protest hatred ema- icans everywhere will tell you that we year, we hear a lot of negative stories. nating from the kingdom. It is the first owe our Nation’s veterans a huge debt I want to talk about something that is time that I have come to the floor to of gratitude. We must fulfill the prom- good that is happening in America, and protest the scapegoating of Israel and ises we have made to them. During a that is jobs are coming back in our the Jewish people when, in fact, it was time when hundreds of thousands of economy. Saudi radicals who perpetrated these our troops stand in harm’s way, we cer- If you take a look at what is hap- attacks. And it is not the first time tainly must live up to our commit- pening in this economy, our U.S. econ- that I have spoken of the danger of ments to veterans. They deserve the omy is growing at the fastest rate it fueling the fires of religious extremism very best health care our Nation can has grown in 20 years. We have added and hatred. provide. 1.4 million jobs in economy since last The irony is that it is the Saudis who I believe all of us in Congress feel the August alone. have exported their homegrown terror- same way, but why, then, will no one In my home State of Wisconsin, ists throughout the world and have fi- from the other side stand up to reject where we are so dependent on manufac- nanced these murders for over 20 years. the Bush administration’s plan to cut turing jobs, we are seeing a great re- Only now when their own terrorists 900 million from veterans health care covery in manufacturing. Over 3,000 have turned back against the Saudi next year after the election? That is jobs just last month alone in high paid Royal Family are they remotely con- another massive cut coming on top of manufacturing jobs, almost 12,000 jobs cerned with anything about terrorism. the budget that already underfunds in total alone last month in the State Continually spreading and advancing veterans’ health care by $1 billion. of Wisconsin. of hateful and anti-Semitic rhetoric Mr. Speaker, our veterans do not de- So what is happening is the tax cuts only provides ammunition who those serve this and they cannot afford it. I that passed a year ago, the good eco- who would support and condemn ter- urge my colleagues to demand the nomic policies that have been put in rorism. Enough is enough. The Saudis Bush administration to stop the cuts in place, the seeds that were planted are have to stop. veterans health care. bearing fruit and we are now on the

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.005 H23PT1 H4770 CONGRESSIONAL RECORD — HOUSE June 23, 2004 road to an economic recovery. Yes, ev- minute and to revise and extend his re- get, Mr. Speaker, that this area was eryone who lost a job has not yet found marks.) the home to al-Qaeda operatives prior one, but the good news is the fastest Mr. PORTMAN. Mr. Speaker, I am to 9/11. growth in 20 years, over a million jobs here also to talk about our economy. So I am here today to voice my un- created within a year, we are on record The gentleman from Michigan (Mr. wavering support for the Department pace to earn back and build back the CAMP) just talked about all the posi- of Homeland Security, to create a new jobs that we lost and that is good news tive economic indicators. I guess one urban area for Palm Beach and for America. could say the only economic indicator Broward Counties. I am speaking for f that is not positive are the statements my constituents and will continue to THE AMERICAN ECONOMY IS from the presumptive Democrat nomi- do so until this outrageous offense is STRONG nee for President. And I do not know resolved. why he is doing it because it hurts the f (Mr. CRANE asked and was given economy to badmouth the economy, to permission to address the House for 1 talk it down. It reduces consumer con- PROVIDING FOR CONSIDERATION minute and to revise and extend his re- fidence at a time when we need to be OF H.R. 4548, INTELLIGENCE AU- marks.) sure that consumers are confident THORIZATION ACT FOR FISCAL Mr. CRANE. Mr. Speaker, I have about where we are. YEAR 2005 noted with interest that some promi- Before me, others talked about the Mrs. MYRICK. Mr. Speaker, by direc- nent Democrats have decided that part fact that our unemployment numbers tion of the Committee on Rules, I call of their election strategy is apparently have gone from 6.3 percent down to 5.6 up House Resolution 686 and ask for its to scare the American people into be- immediate consideration. lieving that the economy is weak. percent. That is lower than the average I hate to rain on their parade, but in the 1970s, 1980s, or 1990s. 1.4 million The Clerk read the resolution, as fol- here are some numbers: Inflation is at jobs have been created in the last 9 lows: record lows; interest rates have been at months. H. RES. 686 record lows; real GDP has grown 5 per- Let me talk about those jobs. These Resolved, That at any time after the adop- cent during the last four quarters, the are good-paying jobs. After tax income tion of this resolution the Speaker may, pur- fastest annual rate in almost 20 years; increased at a strong 4.9 percent an- suant to clause 2(b) of rule XVIII, declare the the unemployment rate is 5.6 percent, nual rate in the first quarter of this House resolved into the Committee of the which is lower than the 30 year histor- year. Think about that. Hourly com- Whole House on the state of the Union for consideration of the bill (H.R. 4548) to au- ical average. Real disposal personal in- pensation in the last year has gone up 2.7 percent. That is faster than the 1.5 thorize appropriations for fiscal year 2005 for come increased at 4.9 percent annual intelligence and intelligence-related activi- rate in the first quarter of 2004. percent in the 1990s and people talk ties of the United States Government, the Mr. Speaker, it sounds to me like about its great growth. Average weekly Community Management Account, and the some of our colleagues on the other earnings increased 2.5 percent from the Central Intelligence Agency Retirement and side of the aisle, including the pre- same period a year ago. Disability System, and for other purposes. sumptive nominee for President, have So this notion that somehow we are The first reading of the bill shall be dis- apparently failed to do their home- creating jobs but they are not the right pensed with. All points of order against con- work. I, for one, do not think the vot- jobs or not increasing income are just sideration of the bill are waived. General de- ers are going to be impressed by this wrong. Income is up. Productivity is bate shall be confined to the bill and shall nonsense. not exceed one hour equally divided and con- up. Jobs are up. trolled by the chairman and ranking minor- f Mr. Speaker, some politicians who ity member of the Permanent Select Com- are serving their own special interests THE REAL RECORD ON ECONOMIC mittee on Intelligence. After general debate are bad-mouthing this economy, but it GROWTH the bill shall be considered for amendment is strong and good. It can get stronger under the five-minute rule. It shall be in (Mr. CAMP asked and was given per- if we take the right steps here in Con- order to consider as an original bill for the mission to address the House for 1 gress. purpose of amendment under the five-minute minute and to revise and extend his re- rule the amendment in the nature of a sub- f marks.) stitute recommended by the Permanent Se- Mr. CAMP. Mr. Speaker, I rise today UNFAIR ALLOCATION OF lect Committee on Intelligence now printed to set the record straight on the eco- HOMELAND SECURITY FUNDS in the bill. The committee amendment in the nature of a substitute shall be considered as nomic outlook in America and in my (Mr. SHAW asked and was given per- home State of Michigan. Let us look at read. All points of order against the commission to address the House for 1 mittee amendment in the nature of a sub- the facts. Real GDP has grown 5 per- minute and to revise and extend his re- stitute are waived. No amendment to the cent during the last four quarters, the marks.) committee amendment in the nature of a fastest annual growth in almost 20 Mr. SHAW. Mr. Speaker, I rise today substitute shall be in order except those years. Inflation remains low, produc- to protest the unfair practice by the printed in the report of the Committee on tivity has grown at the fastest 3-year City of Miami, Florida, in allocating Rules accompanying this resolution. Each such amendment may be offered only in the rate in 40 years. Business investment Federal urban area security money to 1 order printed in the report, may be offered surged 12 ⁄2 percent in the last four Broward, Palm Beach, and Monroe quarters. Industrial production saw its only by a Member designated in the report, Counties. Under the current definition, largest quarterly increase in nearly 4 shall be considered as read, shall be debat- Broward and Palm Beach and Monroe years during the first quarter of 2004 able for the time specified in the report are integral partners with Miami and equally divided and controlled by the pro- and increased further in April. Yes, Miami-Dade County in protecting ponent and an opponent, shall not be subject even in Michigan we added 8,300 jobs south Florida’s over 5 million resi- to amendment, and shall not be subject to a just last month. demand for division of the question in the But more important than all of these dents. However, in the over $30 million allo- House or in the Committee of the Whole. All statistics is that real disposable in- points of order against such amendments are come is on the rise. That is more cated to the south Florida urban area, waived. At the conclusion of consideration of money in the hands of moms and dads only 10 percent was assigned to the bill for amendment the Committee shall all across the country who can invest Broward County and zero dollars to rise and report the bill to the House with in their family and buy the things they Palm Beach and Monroe Counties, and, such amendments as may have been adopted. need. More jobs for our workers and in fact, the other municipalities in Any Member may demand a separate vote in Dade County. the House on any amendment adopted in the more prosperity for our families. Now, Committee of the Whole to the bill or to the that is a record we can be proud of. Mr. Speaker, to neglect the necessary funding these other three counties de- committee amendment in the nature of a f substitute. The previous question shall be serve is simply outrageous. Both Palm JOBS AND THE ECONOMY considered as ordered on the bill and amend- Beach and Broward Counties have an ments thereto to final passage without inter- (Mr. PORTMAN asked and was given international airport, seaport, and crit- vening motion except one motion to recom- permission to address the House for 1 ical petroleum reserves. Let us not for- mit with or without instructions.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.007 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4771 The SPEAKER pro tempore (Mr. our intelligence community who do realities of tax cuts and spending caps. PENCE). The gentlewoman from North make a vital contribution to our Na- Every single Democrat member voted Carolina (Mrs. MYRICK) is recognized tion’s security. against favorably reporting this bill, for 1 hour. I agree with President Bush that this and this is unprecedented. Typically, Mrs. MYRICK. Mr. Speaker, for the is a mission of service and sacrifice in the importance of this bill trumps per- purpose of debate only, I yield the cus- a world of great uncertainty and risk. sonal ideologies or the prevailing par- tomary 30 minutes to the gentlewoman America’s commitments and respon- tisan winds; but knowing the ranking from New York (Ms. SLAUGHTER), pend- sibilities span the world in every time member and the other Democrat mem- ing which I yield myself such time as I zone. Every day our intelligence com- bers of the Permanent Select Com- may consume. During consideration of munity helps us to meet those respon- mittee on Intelligence, I know that this resolution, all time yielded is for sibilities. they must have very serious concerns the purpose of debate only. This bill provides the President with to vote against the authorization bill. Mr. Speaker, on Tuesday the Com- the intelligence tools needed to win the Five dedicated distinguished Demo- mittee on Rules met and granted a war on terrorism; and to that end, I crat members of the Permanent Select structured rule for H.R. 4548, the Intel- urge my colleagues to support the rule. Committee on Intelligence, including ligence Authorization Act for Fiscal Mr. Speaker, I reserve the balance of the gentlewoman from California Year 2005. This bill would authorize ap- my time. (Ranking Member HARMAN), offered propriations for the fiscal year for in- Ms. SLAUGHTER. Mr. Speaker, I five important amendments to the bill. telligence and intelligence-related ac- yield myself such time as I may con- However, the Committee on Rules tivities of the United States Govern- sume. tossed out four of these vital sub- ment, the Community Management Ac- (Ms. SLAUGHTER asked and was stantive amendments. The Committee count, and the Central Intelligence given permission to revise and extend on Rules will not allow the full House Agency retirement and disability sys- her remarks.) to consider and debate and amend to tem. Ms. SLAUGHTER. Mr. Speaker, I withhold a portion of the funding until b 1030 thank the gentlewoman from North the Secretary of Defense provides all Carolina (Mrs. MYRICK) for yielding me This is must-do legislation. It is also information concerning the dealings of the customary 30 minutes. the most robust Intelligence Author- the Department of Defense and Ahmed Mr. Speaker, the fact that the Amer- Chalabi. This is information to which ization Act the House has ever consid- ican intelligence apparatus is broken is ered, and it is consistent with the De- Congress is entitled. This is informa- well-known. In the global war on ter- tion the American people want to fense appropriations bill the House ror, the most important weapon we passed yesterday by an overwhelming know. Who was this man who had such have to protect the Nation and its peo- an incredible effect and so much influ- vote of 403 to 17. ple is intelligence. Today, more than The classified annex to the com- ence on whether or not we went to war? ever, we must make the creation of a mittee report, which includes informa- What did we do besides give him $33 strong and flexible intelligence appa- tion on the budget and personnel lev- million? ratus one of the highest priorities of els, is available to all Members of the Members will not be able to consider this body. The terrorist attacks of Sep- House of Representatives, subject to a an amendment to restructure our di- tember 11, combined with the con- requirement of clause 13 of rule XXIII. lapidated intelligence apparatus. This rule permits only those Mem- tinuing threat of further attacks, un- Shockingly, the committee Repub- bers of the House who have signed the derscore the importance of this legisla- licans even made out of order an oath set out in clause 13 of House rule tion. amendment to fully fund American Unfortunately, Mr. Speaker, the bill XXIII to have access to the classified counterterrorism efforts. reported out of the Permanent Select information. Simply, this means they Yesterday, a member of the Com- Committee on Intelligence falls far must agree not to release the informa- mittee on Rules tried to suggest that short of what our intelligence commu- tion they see. the amendments were proposed for po- Intelligence has been, rightly so, rec- nity has requested and what the Amer- litical reasons. Far from it. Our Na- ognized as a critical weapon in the ican people expect. Now listen up. This tion’s security is at risk, and the integ- global war on terrorism. Resources for, bill provides less than a third of the rity of the Permanent Select Com- and demands on, the U.S. intelligence key operational funding the intel- mittee on Intelligence, Democrats, and community have increased dramati- ligence agencies have told us that they all Democrats, should not be ques- need to prevent the next terrorist at- cally in the 23⁄4 years since September tioned. 11, 2001, and the attacks we all remem- tack. The scheme for funding the Reported out of committee on party ber. counterterrorism operations is to give lines, the rule does make in order an This increase is even more dramatic the agencies, listen, I want my col- amendment to express the sense of when one takes into consideration the leagues to hear this, they are going to Congress and support of the intel- depth of the cutbacks, underinvest- give them a third of the money they ligence community and an amendment ment, and the near fatal loss of polit- need, and then after the election they expressing the sense that the world is a ical support for the intelligence com- will come back and ask for the other safer place now that Libya has disman- munity in the prior administration. two-thirds. Does this sound like we are tled its weapons of mass destruction. That is why I am pleased that this concerned about the intelligence com- These amendments were presumed to bill authorizes more money than last munity? Does it sound like we are wor- take precedence over the ones that year, even including the supplemental. ried that we are at war? The answer is really dealt with the committee and its This is the type of investment that our no. The election is the deciding point budget. They do nothing to improve intelligence community deserves. on when we come back and ask for the American counterterrorism operations. This legislation continues the sus- money. Mr. Speaker, this is a seriously, fa- tained effort and long-term strategy to The plan will starve the tally flawed bill; but, again, the Com- bring human intelligence, signals intel- counterterrorism efforts, leaves the in- mittee on Rules has muzzled debate on ligence, imagery intelligence, and telligence community anemic. Funding some of the most important issues con- other intelligence systems and dis- the intelligence community in bits and cerning American intelligence oper- ciplines to life successfully. pieces, a portion now and a supple- ations. This is a double blow. It is an- H.R. 4548 also continues a similar mental after the election, is not only other Committee on Rules strike commitment to build and maintain the irresponsible, it is reckless. Senior in- against deliberation, discussion, and analytic expertise and depth of cov- telligence community officials have serious consideration; and it is a strike erage necessary to make wise and said that operating this way could against the safety of America. timely use of the information col- jeopardize key counterterrorism oper- I am shocked at the rule and the un- lected. ations. That is what they tell us. derlying legislation before us this I want to take this opportunity to Sadly, this year the bill fell victim to morning, and I urge my colleagues to thank the CIA and all the members of partisanship and the cold hard fiscal oppose the rule so that the full House

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.010 H23PT1 H4772 CONGRESSIONAL RECORD — HOUSE June 23, 2004 can participate in a comprehensive de- the globe, and just adding to the num- Strong intelligence is our first line of bate on the most important issue con- bers in our cadre is not enough by defense in the war on terrorism; and fronting us today and to consider the itself. We need individuals who are lan- make no mistake, we are at war. The vital amendments to improve the intel- guage proficient and possess an under- gruesome beheadings of Danny Pearl, ligence community. standing of the culture being pene- Nick Berg, Paul Johnson, and yester- Mr. Speaker, I reserve the balance of trated, who know and are able to ap- day’s murder of 33-year-old Kim Sun Il my time. preciate not only who was saying what of South Korea are stark reminders of Mrs. MYRICK. Mr. Speaker, I yield 5 but also are conversant with the nu- the nature of our enemy. Our brave minutes to the gentleman from New ances and able to discern the true men and women of the intelligence York (Mr. BOEHLERT). meaning of what is being said. community are on the frontlines fight- (Mr. BOEHLERT asked and was given Of course, particularly in view of my ing that enemy. position as chairman of the Committee permission to revise and extend his re- b 1045 marks.) on Science, I can appreciate the value Mr. BOEHLERT. Mr. Speaker, I of investment in technology; but that They risked their lives for our free- thank the gentlewoman for yielding me alone is not enough. There is no sub- dom, and they deserve our unflinching the time, and I am glad that we are fo- stitute for people. A satellite hundreds support. Yet, unfortunately, Mr. cusing on this very important issue. of miles in the heavens might be able Speaker, this rule deprives them of Mr. Speaker, I rise as a member of to detect the movement of people or that support. the Permanent Select Committee on machines, and that is important; but it H.R. 4548 provides less than one-third Intelligence, having served in that very does not compare in value to someone of the key counterterrorism funding distinguished group of bipartisan mem- inside a cell in Iraq or Afghanistan the intelligence community has told us bers concerned about intelligence for 8 monitoring the words or actions of the it needs to fight the war on terrorism. years. bad guys. Less than one-third. Members of our I wish to rise in strong support of For this reason, I have been part of a committee had proposed an amend- this bill we are presenting to our col- concerted effort over the past several ment to fully fund counterterrorism leagues and to the American people, years to place greater emphasis on and operations. This rule denies us the op- the Intelligence Authorization Act. secure needed funds for a significant portunity to consider that amendment. I think it is irresponsible of us to This is a well-thought-out bill, devel- upgrading of our language program for shortchange our counterterrorism ef- oped over many months of comprehen- the intelligence community. forts, particularly when we know al- sive deliberation, which provides Our committee has put together a broad and comprehensive package of Qaeda and other terrorist groups are much-needed guidance and support for planning attacks against us right now. the global, and let me emphasize that, language provisions. We establish a civilian linguistic reserve corps. We fund By providing one-third of the the global war on terrorism and efforts counterterrorism funding, the major- to combat the very real threats to our and expand existing programs that have demonstrated success. We look for ity’s bill essentially says to the brave national security. men and women of the intelligence We live in a dangerous world. Re- creative ways to develop and utilize the vast talent pool that already exists community, you can count on oper- minders of that harsh fact of 21st-cen- ations for 3 or 4 more months, but after tury life face us on many fronts. in our country. We support the Na- tional Virtual Translation Center; and that, that is rough, until next April. Threats that were unimaginable just a That, Mr. Speaker, is exactly what this few years ago have now become reality. perhaps most importantly, we try to establish a culture in the intelligence bill does, and that is not acceptable. Suicide bombers, anthrax, dirty bombs, A better rule, a much better rule these are but a few of the litany of community where language skills become an integral and necessary part of would have allowed the gentleman weapons our enemies threaten us with. from Minnesota (Mr. PETERSON), the To meet this new threat, our Nation the job. It is the most important legislative effort on foreign languages since gentleman from Iowa (Mr. BOSWELL), requires a much more flexible and re- and the gentleman from Alabama (Mr. sponsive intelligence community. H.R. the Boren Act of 1992. Mr. Speaker, H.R. 4548 is a worthy CRAMER) of our committee to fix this 4548 helps provide that flexibility; and, bill. It takes many of the necessary bill with an amendment that would importantly, it provides the increased steps to ensure that our Nation’s intel- have provided for 100 percent of the funding to aggressively wage war on ligence capabilities remain relevant in funding that the intelligence agencies terrorism. Make no mistake, H.R. 4548 the 21st century. The gentleman from say they need. Their amendment would dramatically, let me emphasize that, Florida (Chairman GOSS) is bringing have done away with the dangerous dramatically increases counter- forward an excellent package in what practice of budgeting by supplemental, terrorism funding. is his final authorization as chairman. of saying let us kick this problem down As a member of the Permanent Se- He has performed exceptionally well the road. And in this case, let us kick lect Committee on Intelligence for the during particularly challenging times, it down the road until well after the 8 years that I have been privileged to and he has presented us with a bill that November election. serve in that body, one of my greatest all Members can and should support. A rule limiting amendments may be concerns has been the lack of sufficient I urge support of the rule and the appropriate for other legislation, but numbers of intelligence analysts and base bill. this legislation is different, and here is officers fluent in the languages that Ms. SLAUGHTER. Mr. Speaker, I am why. As you know, Mr. Speaker, much our enemies speak. This capability de- pleased to yield 5 minutes to the gen- of our work is classified and, therefore, ficiency has literally crippled our abil- tlewoman from California (Ms. HAR- is not discussed in the open. However, ity to independently gather and evalu- MAN), the ranking member of the Per- a large portion of our work on the in- ate information. It means that we have manent Select Committee on Intel- telligence policy is unclassified and is increasingly relied on contract lin- ligence. contained in the public portion of our guists and allied intelligence services (Ms. HARMAN asked and was given legislation. This information does not to translate information and to follow permission to revise and extend her re- compromise our intelligence sources up leads. It means, for example, that marks.) and methods, and for that reason we there are literally miles and miles of Ms. HARMAN. Mr. Speaker, I thank asked the gentleman from Florida (Mr. captured Saddam Hussein documents the gentlewoman for her leadership on GOSS) to hold the markup of the public that are still waiting to be read, trans- the Committee on Rules and for yield- portion of our bill in public. lated, and made available for our anal- ing time to me. On a party-line vote, the majority re- ysis. Mr. Speaker, I rise in strong opposi- fused. Therefore, these amendments We have made substantial invest- tion to this rule and to the previous have never been debated or voted on in ment in technology, and rightly so; but question, which I understand will be of- public, even though they are not classi- more investment is necessary in fered, because it deprives our col- fied and even though they would, if human capital, people who serve as our leagues of the opportunity to strength- adopted, be part of the public part of eyes and ears at far distant points on en the Intelligence Authorization Act. our bill.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.012 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4773 Mr. Speaker, there is no secret law in that he has done for the House and for This ridiculous practice of short- the United States, and it is anathema the intelligence community. changing intelligence at the start of to this House to stifle open debate As we debate the bill, I will obviously the year has also been roundly criti- about important policy issues. For that be speaking out on a number of things cized on a bipartisan basis by members reason, it is important that the full that I think are important, but let me of the Permanent Select Committee on House have the opportunity to debate just say this: I think it is unfortunate Intelligence. The agencies have indi- these amendments. This rule kills that that bipartisanship has deteriorated. It cated with some precision the addi- debate, shuts down any effort to fully no longer exists with this committee. tional funds that they will need in the fund counterterrorism, and tries to Maybe our committee was the last bas- coming year for counterterrorism. sweep this issue under the rug. Well, tion of bipartisanship, but apparently There is no excuse for failing to make this issue is too important, too vital to it is gone. And I think it really began sure that the intelligence community our national security to be swept under a year ago when we considered our au- has the resources it needs to protect the rug. thorization bill. against the next terrorist attack. The Democrats on the House Perma- I introduced into the record and put The amendment that I had intended nent Select Committee on Intelligence into the record a memo that came over to offer would have fully funded key offered five amendments, all of which from the other body that talked about counterterrorism operations in the were good, all of which would have a game plan on the part of the Demo- next year for the agencies, as they strengthened the bill and strengthened crats to politicize the intelligence have said they need them, 100 percent our oversight. All but one were re- process, not only in this body but also of the funding. And we had a detailed jected by this rule. That is a shame, in the other body. And I am going to schedule of authorization to specify Mr. Speaker, because instead of having put that memo in the record again this how the money should be spent. So this a rule that could bring us together year, because I think it was the begin- was not a blank check, as some have under one bipartisan banner, we have a ning of the deterioration of bipartisan- said. rule that ensures this bill will trigger a ship for intelligence. That is unfortu- The question before Congress is quite bitter partisan divide. nate and sends the wrong message. simple: Do we fully fund the global war In case the gentleman from Florida Congratulations PORTER GOSS, we on terrorism or do we want to take the (Mr. GOSS) and the Republicans have have a good bill, and I hope all Mem- chance that our intelligence commu- not noticed, the terrorists did not bers will support it. nity can make due until sometime next check our party labels before launching Ms. SLAUGHTER. Mr. Speaker, I year? As it stands now, it is clear what their attacks against us on 9/11, and yield 4 minutes to the gentleman from the majority’s answer is to this ques- they will not check them when they Minnesota (Mr. PETERSON). tion. And with this rule the majority launch the next attack. I would have Mr. PETERSON of Minnesota. Mr. has made clear that they do not want hoped that we could debate the bill not Speaker, I thank the gentlewoman for to debate this issue. That is just not just as Democrats and Republicans, but yielding me this time. right, and I urge my colleagues to op- as Americans. And for the sake of the Mr. Speaker, I find this rule very dispose this rule. country and for the sake of national se- appointing. It effectively shuts down Mrs. MYRICK. Mr. Speaker, I am curity, I am sorry that the majority let debate on an amendment to fully fund pleased to yield 3 minutes to the gen- us down. the Permanent Select Committee on tleman from North Carolina (Mr. Again, I ask for a ‘‘no’’ vote on the Intelligence’s key counterterrorism op- BURR), another member of the Perma- rule and a ‘‘no’’ vote on the previous erations. It is unusual for me to speak nent Select Committee on Intelligence. question. out like this, but 4 or 5 weeks ago it hit (Mr. BURR asked and was given per- Mrs. MYRICK. Mr. Speaker, I yield 2 me, the current intelligence authoriza- mission to revise and extend his re- minutes to the gentleman from Illinois tion bill that we are going to consider marks.) (Mr. LAHOOD). today is just not strong enough. It au- Mr. BURR. Mr. Speaker, I thank the Mr. LAHOOD. Mr. Speaker, I thank thorizes less than a third of the funds gentlewoman from North Carolina for the gentlewoman for yielding me this that the intelligence agencies need for yielding me this time, and I thank both time. key counterterrorism operations next my colleagues on both sides of the As a member of the committee now year. That is just not right at a time aisle. for 6 years, I want to say a special word when our Nation is under threat of ter- The Permanent Select Committee on of thanks to the chairman of the com- rorist attacks. Intelligence is a unique committee. We mittee, the gentleman from Florida The administration admits that this are selected by the leadership, we are (Mr. GOSS). This will be the last bill is not sufficient funding, and says it asked to serve, we are asked to uphold that he will present to the House of will seek more money after November. the secrecy and the confidentiality of Representatives, as he is retiring from But there is ample evidence that al- what goes on in that committee, and the House at the end of this year. Qaeda may try to strike before Novem- we are asked to reassure the Members It is a great, great loss for the House ber. If there is another terrorist at- of the House that do not have the type of Representatives. I know it is a great tack, do we want the next 9–11 Com- of access that we do that we are in fact loss for the people of Florida, who he mission to find that we in Congress doing our job. So let me assure every represents, and it truly is a great loss failed in our duty to fully fund Member, Republican and Democrat, we for the Permanent Select Committee counterterrorism in the Permanent Se- are doing our job. on Intelligence and the intelligence lect Committee on Intelligence? There is a difference today, and I do community. As someone who served in We sit there day in and day out in not hold the individuals on the other the CIA prior to coming to the House closed session, windowless rooms, for side of the aisle responsible. I think the of Representatives, he has done as good hours on end listening to the intel- gentleman from Illinois (Mr. LAHOOD) a job as anyone on the committee, and ligence agencies tell us how critical put it well, politics is alive and well in certainly been an exemplary Chair of the funds are that the committee au- Washington. It is an election year, and the committee. We all owe him a great thorizes. They routinely criticize the I think that strings are getting pulled. debt of gratitude for the time and en- practice of funding them in these small And I make a pledge to the Members on ergy and devotion that he has given to bits and pieces rather than in a full that side of the aisle: That when this the intelligence community, to the year, the way we are supposed to do it. bill has passed, and I hope you vote for CIA, to people, men and women, all They have told us how this prevents it on final passage, that we will work over the world who work so hard to them from planning effectively, and together in that committee. We will collect the information and do the good they have told us they have to rob make sure that the tools are available professional work. He has been dedi- Peter to pay Paul while they wait for to our intelligence community. We will cated to them, he has been dedicated the additional funds to arrive. And make sure that the workings and the for them. And so I say congratulations they will probably not receive those oversight are good enough that we can to PORTER GOSS, and I think all House additional funds that they need until look our fellow Members in the eye and Members should do that for the work April or May of next year, if at all. say we are doing our job.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.063 H23PT1 H4774 CONGRESSIONAL RECORD — HOUSE June 23, 2004 But I think today we need to look know that this bill does not do that, excellent job. But none of us are per- back at why we are here. Sure, we are and we have fallen into the trap our- fect. I think there was an exception here because of the intelligence threat selves. We are perpetuating the trap of here. I actually thought that he would that exists today and the need for in- continuing to fund the intelligence plus-up this counterterrorism budget. telligence to grow, but we are here be- community in fits and starts, in bits But here we are, and I rise to oppose cause of the devastation to the intel- and pieces. the rule on the Intelligence Authoriza- ligence community in the 1990s. We are The war in Iraq, as difficult as it is, tion Act. In particular, I am surprised here because human intelligence was is a war. The war on global terrorism, that a number of Democratic amend- not important to anybody in this town. as unpredictable as it is, is a real war. ments were ruled out of order, notably We are, in fact, trying to rebuild. And Every day we are faced with warnings, those of the gentleman from Minnesota when I heard Director Tenet stand up with threats that we are going to be at- (Mr. PETERSON), mine and the gen- in front of the independent commission tacked, soon, between now and the tleman from Alabama (Mr. CRAMER), and talk about 5 years, here was a man elections. which would fully fund the being honest at what it took to recruit b 1100 counterterrorism budget needs of the people that could infiltrate; that we intelligence agencies. could take individuals who could flu- Every administration, or at least the past several administrations, have fall- I wish the Republicans had been will- ently speak Arabic. ing to debate this issue head on, rather We have to remember that we went en into this trap of using than hide behind a procedure. from a Cold War need for linguistics, supplementals as a way to slowly but which was Russia and Eastern Europe, surely face the budget issues that we As the gentleman from Minnesota to now a need for Arabic and a lot of have to face. We are saying here today (Mr. PETERSON) has pointed out, the different tribal languages that exist, that we want to stop that, that we current bill authorizes less than one- and you cannot do it overnight and you want to break that habit, that we want third of the funds the intelligence cannot do it for no money. The reality to up front tell the agencies what they agencies need to fight the war on ter- is that both sides suggest funding lev- will get and let them then tell us what rorism. The intelligence agencies will els at about the same, and that is they need so we can perform our over- have a tough time accomplishing their above where the administration’s re- sight. mission if they do not receive full fund- quest was. We have differences on how This is not a partisan issue. Both ing for the counterterrorism oper- we get here. That is leadership and it is sides of the aisle have admitted ations. politics mixed in with it. through the hearing process, this year, At CIA, these funds do not go to the I am confident we can put politics last year as well, that we have got to paper clips and photocopiers. They go aside and we can get passed not only stop this practice. The administration towards mounting counterterrorism this rule debate but the debate on the says this is not enough money this operations on every continent. They go bill. Because the important thing is year; that later, whatever ‘‘later’’ towards collecting information on pre- that our intelligence community means, we will get to the point where venting terrorist attacks. They go to- knows that this Congress is united. We we will get to more funding. wards funding operations in Afghani- are united behind them, we are united This is not the way to do it. So today stan, to prevent resurgence of the ter- behind the effort, we understand the we must send a clear message that rorist sanctuaries in the remote moun- value of what they do as it relates to ‘‘business as usual’’ is no longer ac- tains. They go towards working with the safety of the troops that we have ceptable. Today we must put politics partner governments on who defend this country every day. aside and do what is right for our intel- counterterrorism. They go towards Mr. Speaker, I want to take this op- ligence community and for our na- capturing key al Qaeda leaders. portunity to also highlight the leader- tional security. Today we must make When there is uncertainty about ship of the chairman of the committee, sure the intelligence community has funding, according to the agencies’ tes- the gentleman from Florida (Mr. the resources it needs. timony, it causes the agencies to hold GOSS). This will be a tremendous loss Oppose this rule. off on operations, potentially putting to the Congress, the entire Congress. Mrs. MYRICK. Mr. Speaker, I yield 30 lives in danger and ruining intelligence The dedication of this man, the leader- seconds to the gentleman from New collection operations. York (Mr. BOEHLERT). ship, his experience and what he has The administration officials have ad- brought to the Permanent Select Com- Mr. BOEHLERT. Mr. Speaker, as a member of the committee, obviously I mitted they are not fully funding mittee on Intelligence is invaluable. I counterterrorism in this bill, but will am sure his years of community serv- follow these things very closely, and I wish to point out to all my colleagues send a request for the rest of the funds ice are not over with his decision to after the election, while at the same leave Congress. But with him we lose a that the other body, their version of this bill closely mirrors ours, but is time urgently warning of a possible tremendous resource in our ability to terrorist attack before the election. I understand and to become better in the less generous, and that bill passed the other body by a unanimous vote, mi- say to my good friends and colleagues world as it relates to our intelligence. here today, what should the American Ms. SLAUGHTER. Mr. Speaker, I nority and majority. They are fol- people expect us to do? Is it acceptable yield 2 minutes to the gentleman from lowing our lead. I would suggest that to wait until after the election, when Alabama (Mr. CRAMER). we should evidence that same spirit of Mr. CRAMER. Mr. Speaker, I thank bipartisanship in this body. we already know what we need to do? the gentlewoman from New York for Ms. SLAUGHTER. Mr. Speaker, I No, it is not acceptable. The Amer- yielding me this time, and I rise today yield 3 minutes to the gentleman from ican people expects us to debate these to support my colleagues, the gen- Iowa (Mr. BOSWELL). issues fully and openly and not hide be- tleman from Minnesota (Mr. PETERSON) (Mr. BOSWELL asked and was given hind procedures. If, as the administra- particularly, in opposition to the rule permission to revise and extend his re- tion officials keep warning us, there is that shuts off debate on fully funding marks.) a terrorist attack on the U.S. this sum- the intelligence community’s counter- Mr. BOSWELL. Mr. Speaker, I thank mer, my colleagues in the majority terrorism operations. I do this reluc- the gentlewoman for her hard work, will wish they had debated and settled tantly, and I do not do this very often. and I thank the gentlewoman from the Peterson amendment, rather than I want to say to my colleagues on the California (Ms. HARMAN) for her hard squashing the debate. We will all wish other side of the aisle that this should work. that we had acted and fully funded have been the opportunity for us to Mr. Speaker, I did take some notice counterterrorism. fully debate this issue, because there is of my good friend and colleague, the Mr. Speaker, I fully urge the rejec- no real debate as to whether this bill, gentleman from Illinois (Mr. LAHOOD). tion of this rule, so that the important when we get to the bill, provides full I appreciated his remarks about the issues like the shortfall for funding to the intelligence community gentleman from Florida (Chairman counterterrorism in this bill can be for this global war on terrorism. We all GOSS). I agree. I think he has done an properly debated.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.016 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4775 Mrs. MYRICK. Mr. Speaker, I am Opponents of the amendment to fully on prescription drugs, Leave No Child pleased to yield 1 minute to the gen- fund counterterrorism intelligence Behind, energy, tax relief, the environ- tleman from California (Mr. DREIER), throw around a lot of numbers to try to ment. You think the Republicans are chairman of the Committee on Rules. argue that the level of funding in this the meanest people in the whole world, (Mr. DREIER asked and was given bill is adequate. But you need to know no matter what we do. But never before permission to revise and extend his re- only one thing: The President knows on this bill has it been so partisan, and marks.) this is not enough funding, and said in I think it is sad, a sad day on this Mr. DREIER. Mr. Speaker, I rise in his transmittal letter of May 12 of this House floor, and election year politics. strong support of this rule, and I thank year that he will ask for the rest of the I think when you look at yesterday’s my friend from North Carolina for money ‘‘in early 2005.’’ That is an ad- vote on defense appropriations, which yielding me time. mission that this is not fully funded, is the authorization for this bill, most Mr. Speaker, I would like to say that and that is what we are debating. of my colleagues voted for that. That obviously we are praising the gen- The problem is the terrorists are not was less funding than this. The Senate tleman from Florida (Mr. GOSS) in waiting until early 2005. There are indi- has less funding in the bill. But what light of the fact that this is going to be cations that they plan to conduct a our great chairman, the gentleman the last intelligence authorization bill major attack inside the United States from Florida (Mr. GOSS) did, is restrict that he will be presiding over before his before the end of the year, according to some of the flow of the funding. We retirement from this institution. administration officials. The CIA can- have taken and analyzed and cut a lot We had a very interesting discussion not wait until early 2005 to plan its op- of waste, fraud and abuse out of every in the Committee on Rules yesterday erations to prevent that next attack. bill, defense, education, all these bills, Senior officials testified repeatedly about this issue of funding. As I lis- and we have put the money to good to the Permanent Select Committee on tened to my friend from Iowa speaking use. about the fact that if we possibly saw Intelligence that the practice of funding counterterrorism by supplemental I think it is even sadder right now another terrorist attack on the United that we have got folks that choose to States, we would all bemoan the fact makes it impossible for them to plan, this is what they said to all of the go along with their Democrat leader- we have not provided adequate funding, ship. When you all elected your liberal it seems to me that the statement that members of the Permanent Select Committee on Intelligence, and it Democrat leadership, we rejoiced, be- was made by the chairman of the Intel- cause we know there is a bill to cut the ligence Committee yesterday before forces them to rob Peter to pay Paul in an effort to make due. tax break for the rich in the next Bill, the Committee on Rules is a very im- and we knew exactly what was going to portant one to note. He is not con- Does this body really want to make the men and women of the intelligence happen to show the differences between cerned about the issue of funding, he is Republicans and Democrats from your actually concerned about the manage- community make do when so much is at stake? They are the tip of the spear. liberal leadership. But what is sad is ment of the level of funding that we how that leadership is driving some of have right now. This view that all you We have to give them the resources they need. It is our job now, not in the good people within your party to be need to do is throw a tremendous early 2005. partisan, and I think that is even sad- amount of money at a problem and Mrs. MYRICK. Mr. Speaker, I yield 4 der. that somehow is a panacea, that it is minutes to the gentleman from Cali- The defense authorization, I sat clear an insurance policy, is, I think, un- fornia (Mr. CUNNINGHAM). through that thing, and the gentleman founded. (Mr. CUNNINGHAM asked and was that is filing ethics violations, that is Mr. Speaker, I believe it is very im- given permission to revise and extend leaving this body this year, filing eth- portant for us to note that the proper his remarks.) ics violations, demanded he see the management over this program is the Mr. CUNNINGHAM. Mr. Speaker, I Taguba report. Well, the gentleman most important thing for us to do now, think it is ironic, some people up here from California (Mr. HUNTER) just so because we do feel that there is an ade- on the floor say we are not spending happened to have it on the desk. And, quate level of funding. So I strongly enough. They have never served in the guess what, that individual has not support this rule, I strongly support military. They vote to cut defense. even read the report. the underlying bill, so that we can The last speaker, the gentlewoman There are 11 investigations going on. come and work in a bipartisan way for from California, in 1993, the Frank The Ronald Reagan event stopped hear- what we all want to do, and that is en- amendment to cut Intel funding, she ings. There has never been a hearing sure, ensure, that we never see another voted yes; in 1996, the Frank amend- that any member of this committee September 11, 2001, on our soil. ment to cut Intel funding, she voted has asked for that we have not gotten, Ms. SLAUGHTER. Mr. Speaker, I am yes; in 1998, the Iraq Liberalization whether it is on Chalabi, whether it is pleased to yield 2 minutes to the gen- Act, regime change, she voted yes; in on the prisons, or whether it is on tlewoman from California (Ms. ESHOO). 2002, authorization for military force, other issues within that party. Ms. ESHOO. Mr. Speaker, I thank the she voted no; in 2003, Iraq supplemental The gentleman from Florida (Mr. gentlewoman for yielding me time. appropriations, she voted no; in 2003, GOSS) is one of the most bipartisan Mr. Speaker, I join my colleagues in intelligence authorization, to increase chairmen, and I think the gentle- congratulating the chairman, who has funding, she voted no. served so honorably as a Member of the This is a sad day, Mr. Speaker. I have woman from California would agree House and for all of these years as got some very good friends on this Mr. Speaker, I also sit on the Defense chairman of the Permanent Select committee. Some of them I hunt and Authorization Committee, and one of Committee on Intelligence, and wish fish with. The gentlewoman from Cali- the liberal members said, ‘‘Well, we him our absolute best. fornia (Ms. HARMAN), during the Ron- want the Secretary of Defense to step I join my colleagues today in stand- ald Reagan funeral, I had tears in my down.’’ He said, ‘‘You know, I pray for ing up in support of stronger intel- eyes. She reached over and grabbed my you every day, Mr. Secretary. You are ligence. That is what this debate is hand to console me. a good, respected man, but maybe you about. That is the kind of friendship that we ought to step down.’’ And I told the This bill is simply too weak and dan- have on this committee, and I think Secretary, next time someone prays for gerously underfunds the intelligence one of the saddest things I see is the me, I hope they are not trying to put a efforts that are so absolutely essential partisanship coming out in election- knife in my back in the partisanship to preventing the next big terrorist at- year politicking. We will still be that is going on. tack. Every American will understand friends after this. You say, oh, this is I think it is sad here today, we hunt that 100 percent is 100 percent. You not partisan. That is the spin. But it is, and fish together, we are friends. But cannot be committed 100 percent to Mr. Speaker. It is sad, and I hate to see this is wrong. Vote for this bill. funding if you only fund 33 percent, it. Ms. SLAUGHTER. Mr. Speaker, I one-third, of the entire All the way through, you have people yield 2 minutes to the gentleman from counterterrorism budget. that have fought the Republican Party Texas (Mr. REYES).

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.018 H23PT1 H4776 CONGRESSIONAL RECORD — HOUSE June 23, 2004 Mr. REYES. Mr. Speaker, I thank the side following the savage beheadings of amendment which would fully fund the gentlewoman for yielding me time to American civilians Nick Berg and Paul counterterrorism budget needs of the rise in opposition to this rule. Johnson. intelligence agencies. First let me just say that like all of These cowardly terrorist organiza- As the gentleman from Minnesota us in this House that represent commu- tions seek to intimidate our people (Mr. PETERSON) has pointed out, the nities around this great Nation of ours, through barbaric acts of demonic cru- current bill authorizes less than a third I am proud of the job that our men and elty on American citizens. of the additional funds the intelligence women are doing in the war against While members on the other side agencies need to fight the war on terterrorism, whether they are in the have mentioned Abu Ghraib by name, rorism. This one-third comes from the military, whether they are in the intel- 45 times since January during recorded contingency emergency reserve fund ligence community or civilians. debate on the House Floor, only four that the President asked for on May 12, b 1115 times did a Democratic member utter which is designed to bridge the gap be- the name Nick or Nicholas Berg. No tween the budget request and a supple- I am a member of the Permanent Se- Democrat, not one single Democrat, mental funding request that will not lect Committee on Intelligence and a has even mentioned Paul Johnson, the happen until after the election. veteran. But to me, today, the issue is Lockheed Martin employee kidnapped In his May 12 letter to the Speaker, about oversight and about funding the in Saudi Arabia, cruelly beheaded, and President Bush said, ‘‘I have pledged to effort. I think debate is healthy. I think we videotaped for the world to see. our troops that we will have all the re- should exchange ideas and, yes, maybe We are a self-policing society. We sources they need to accomplish this even political philosophies from time will punish those who commit abuses vital mission.’’ Yet, the intelligence to time. We go to the intelligence com- at Abu Ghraib. However, I would ex- agencies have told us in hearing after munity and we ask them, what is it pect the Democrats in this body to ex- hearing that the current process of that you need? How much money will press equal outrage over the savage funding counterterrorism operations it take to get the job done? They tell killings of Nick Berg and Paul John- by supplemental has hampered their us, they give us a budget, they give us son. ability to plan and operate. And de- a proposal; and then we come back and I urge my Democratic colleagues to spite the President’s lofty words, we say, we can only give you 33 percent of break their silence and end their indif- know that the intelligence troops do that money. Do they give us 33 percent ference to the atrocious acts of cruelty not have all of the resources they need effort? No. They give us 100 percent, so perpetrated on innocent Americans. to accomplish the counterterrorism we should fund them at 100 percent. Too many are playing politics with mission. So why are we doing that? I am sure Abu Ghraib, trying to score political As a former county executive, I can that our men and women that are put- points, while we have 200,000 troops relate to the agency’s need to plan ting their lives on the line are asking fighting the war on terror and standing right to achieve success, and so I am that very same question: Why? To strong for America in the Middle East concerned that these budgeting prac- them, it is not about politics, it is not and Central Asia. tices have to stop, for the good of the about budgets, it is not about deficits, Ms. SLAUGHTER. Mr. Speaker, I am country and national security. or even supplementals. To them, it is stunned at what the previous speaker I was disappointed that the Repub- about support for their effort. To them, has just said. What does he mean that lican majority on the Committee on it is about funding that effort at 100 no Democrat has expressed any out- Rules did not allow this amendment to percent, and not giving them 33 percent rage? Has the gentleman polled every come to the floor for debate. This issue and an IOU or a check-is-in-the-mail Democrat in the country? Does he needs to be debated. The public needs promise. It is about support for our know that no Democrat has expressed to know, we need to know, we need to men and women in an effort that is outrage over the beheading of Amer- debate this issue of national security. very important to our country. ican citizens? If, as administration officials keep Mr. Speaker, we can do better, we Mr. FOLEY. Mr. Speaker, if the gen- warning us, there is a terrorist attack must do better; and, most of all, to the tlewoman will yield, not spoken on this this summer, we will all wonder if we men and women of this body, we must floor. Not spoken on this floor. Not a could have done more to protect Amer- do our job. word entered into the RECORD. I have ica. The answer to that question today Mrs. MYRICK. Mr. Speaker, I am checked with the Parliamentarian and is yes. For one thing, we could be de- pleased to yield 3 minutes to the gen- the Clerk, not one mention of those bating the Peterson amendment today tleman from Florida (Mr. FOLEY). names. and finding a way to get the intel- Mr. FOLEY. Mr. Speaker, I support Ms. SLAUGHTER. Mr. Speaker, let ligence agencies the counterterrorism the rule, and I support the bill and the me reclaim my time. I just think that funding that they need. fine work of the gentleman from Flor- is an outrageous statement to make, I urge the rejection of this rule. It is ida (Mr. GOSS), the chairman of our and I do not believe that anybody in so important that all of our intel- committee; and I am certain that America is going to be impressed by ligence agencies have the resources sometime today we are going to hear that. they need to deal with the issue of na- more about Abu Ghraib prison. I want Mr. Speaker, I yield 3 minutes to the tional security. to put things in context about the poli- gentleman from Maryland (Mr. Mrs. MYRICK. Mr. Speaker, I yield 4 tics of what this town has become. RUPPERSBERGER). minutes to the gentleman from Nevada Mr. Speaker, I stand amazed and dis- Mr. RUPPERSBERGER. Mr. Speak- (Mr. GIBBONS). appointed in the self-righteous, politi- er, I rise to oppose the rule on the fis- (Mr. GIBBONS asked and was given cally motivated diatribes coming from cal year 2005 Intelligence Authoriza- permission to revise and extend his re- the other side about Abu Ghraib for the tion Act. In response to some of the marks.) last several months. The guilty parties comments made by our colleagues on Mr. GIBBONS. Mr. Speaker, I want in the Abu Ghraib prison incidents are the other side, let me just make this to thank the gentlewoman from North currently before the military justice statement: this issue is not about poli- Carolina for allowing me this time to system. They will be tried and justice tics; it is about national security. speak. will be carried out. Now, it is important in our work here I do want to begin by giving my great This House, the other body, the in the House that we put America first. congratulations to the gentleman from President, the Vice President, the Sec- Equally important is a focus on ensur- Florida (Mr. GOSS) for tremendous retaries of Defense and State, and the ing that the men and women pro- service on this committee and for a National Security Adviser have all tecting us in the intelligence agencies tremendous bill which does exactly gone on record to express outrage over and in the military have all the sup- what this country’s intelligence serv- the abuses at the prison, as they should port and resources that they need. ices need. It is actually a bill which have. I am surprised that a number of should have been bipartisan but, for But what I find especially appalling Democratic amendments were ruled the first time, was not bipartisan in is the deafening silence from the other out of order, notably the Peterson the committee.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.019 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4777 I think I would like to begin with the dots. Today, with this bill, through I rise to support this rule today. I correcting some of the misstatements this rule, we will have more dots to have listened to this debate with some that have been made on the floor. First connect than ever before. We can col- concern because I think there are of all, this bill fully funds the base lect all we want, but if there is nobody things being said that just are not amount for every salary paycheck in to synthesize, analyze, and look at this being straight with people. I want to the intelligence community. Not one information and deliver the proper and talk about two of them in particular. intelligence community employee is correct message to our Nation’s policy- The first has to do with the funding going to go without a paycheck at the makers, then there is little benefit to levels that are authorized in this bill. end of 3 months. It is just plain wrong this country by standing here and po- The truth is here in the Congress, we to assert that, and I wanted to correct liticizing this bill and the intelligence have an arcane way of doing things that. community over what we are doing. some times. We have an authorizing I also wanted to say that, with regard That is why I am pleased to stand bill that really sets the programs and to the funding of the contingent emer- here and support the rule, support this the outlines of the programs that we gency reserve, this bill sets forth, I be- bill, and congratulate the gentleman intend to fund. But the money, the real lieve, the proper oversight for this from Florida (Mr. GOSS) on what I be- money is put in the defense appropria- committee. We have budgeted for one- lieve to be a very fair and fundamen- tions bill that we passed overwhelm- quarter of the year, authorized for one- tally correct bill to fund our intel- ingly yesterday from this House with quarter of the year in order to give ligence community and to support this what we call an open rule, which means flexibility to the war on terrorism. country’s war on terrorism. anyone can come down this floor and Ms. SLAUGHTER. Mr. Speaker, I This is an opportunity for us to exer- move to change money around or in- yield 2 minutes to the gentleman from cise our oversight and exercise our crease counterterrorism funding. If one New Jersey (Mr. HOLT). oversight by giving smaller slices of (Mr. HOLT asked and was given per- was serious about this, that is where the pie so we can control the money, mission to revise and extend his re- the real money was, in the defense ap- where it is spent and how it is spent in marks.) propriations bill. our oversight authority, rather than Mr. HOLT. Mr. Speaker, I rise in op- So what we hear this morning is giving a slush fund out there that can position to this rule. more about posturing and politics than be spent without proper control. The American public, the citizens of it is about policy. And that is really We will fully fund the war on ter- America, are looking to us, to the Con- sad on the Permanent Select Com- rorism. I am struck by the dichotomy gress, to provide oversight over the in- mittee on Intelligence that heretofore of each of the previous speakers on the telligence community. My colleague, has been absent that kind of discus- Democratic side who voted yesterday the gentleman from California, said sion. in support of the Defense Appropria- that our committee has never been de- And the second thing I wanted to tion bill which funds the war on ter- nied a hearing that we wanted. That raise is this issue of vigorous oversight. rorism to the same numbers that we may be true if one defines ‘‘hearing’’ I have been an advocate for vigorous have in this bill, and each one of my very broadly. Yes, members of the in- oversight in a wide variety of things. Democratic colleagues voted ‘‘yes,’’ telligence community from the various And I have been one of the principal with the exception of the gentleman agencies have come to meet with us; advocates in the Committee on Armed from Texas (Mr. REYES), who was ab- but we never learned, for example, that Services for greater oversight of the sent. Mr. Rumsfeld actually approved ghost Pentagon, including of Abu Ghraib, and So to stand here and say that you do detainees, detainees who would be kept cosponsored an amendment to do so not believe we are funding the war on out of the system. We never really got with my colleague the gentleman from terrorism when you supported the ap- level answers about the search for Missouri (Mr. SKELTON). propriation in the same amount strikes weapons of mass destruction in Iraq. It In this Congress, there are some com- me as one of politics. is a long, long list of things that we mittees that are vigorous about it and The last thing we want to do is have have been denied because we just did some that are not. I served on the Per- the intelligence community as a polit- not ask exactly the right question. manent Select Committee on Intel- ical wedge in the war on politics. They The debate this morning is not about ligence a couple of Congresses ago, and do not deserve it. This country does how many billions of dollars precisely the Permanent Select Committee on not deserve it. I am concerned that by will be added to the counterterrorism Intelligence is one that is. Its members what we are doing, by issuing these budget; it is whether they are going to work very hard, ask tough questions. proclamations about not funding the present the budget to us in such a way Many of them are when the cameras war on terrorism, is giving aid and sup- that it is impossible for the committee are off, and that is the way it has to be. port to those people who are trying to to exercise oversight. That is what is But I am also particularly pleased at attack this country. at issue. By funding these programs their openness to non-members of the More fiscal responsibility is certainly through supplemental appropriations committee participating in that proc- in this bill; more oversight by the Con- rather than through the normal appro- ess. gress and the House Permanent Select priations process with authorization I have, from time to time, requested Committee on Intelligence is exactly oversight, they dodge responsibility. special briefings and the Permanent what this bill will do. They dodge the oversight. That is what Select Committee on Intelligence has As the chairman of the Sub- is at stake here today. That is what made that possible for me. No other committee on Human Intelligence, this rule is denying, the American pub- committee in the House tends to be so Analysis and Counterintelligence, I lic the oversight that they expect, that open to that on the part the of non- wanted to speak briefly about the they need for our national security, de- members. points that are dealing with the anal- nying that that will be carried out by The structure of this bill encourages ysis part of this bill because it is so the committee. the continued vigorous oversight by So we are talking about a much more critical and so important. This rule the Congress of expenditure in the in- fundamental, longer-term issue; and and this bill support the goals that our telligence world. This is the kind of for that reason, this rule is very flawed House Permanent Select Committee on bill that we should be proud of as a and should be opposed. Intelligence has expressed for years, Mrs. MYRICK. Mr. Speaker, I yield 3 Congress, as an example of vigorous and that is the importance of a well- minutes to the gentlewoman from New oversight of one branch of government trained, professional, and experienced Mexico (Mrs. WILSON); and, I might over another. We have to rebuild our staff. add, she is the only female military of- intelligence services, particularly Like many other components of the ficer in this body. human intelligence and analysis. But intelligence community, analysis is this is too important to make a par- not a capability that can be developed b 1130 tisan issue. overnight. It takes years of investment Mrs. WILSON of New Mexico. Mr. After this is all over today, I hope in people, technology, and training to Speaker, I thank my colleague from that my colleagues will reconsider create analysts capable of connecting North Carolina for the time. their decision to inject partisanship

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.022 H23PT1 H4778 CONGRESSIONAL RECORD — HOUSE June 23, 2004 and election year politics into the The SPEAKER pro tempore (Mr. upholding this intention. As such, I urge my House Permanent Select Committee on OSE). Is there objection to the request colleagues to join me in supporting H. Res. Intelligence. It has always been above of the gentlewoman from New York? 686. that and, for the good of the Nation, There was no objection. The material previously referred to should remain above that. Ms. SLAUGHTER. Mr. Speaker, I by Ms. SLAUGHTER is as follows: Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time. PREVIOUS QUESTION FOR H. RES. 686—RULE ON yield myself such time as I may con- Mrs. MYRICK. Mr. Speaker, I yield H.R. 4548 INTELLIGENCE AUTHORIZATION ACT sume. myself such time as I may consume. FOR FY 2005 Mr. Speaker, I have no further re- Mr. Speaker, I would just like to re- At the end of the resolution, add the fol- quests for time, and I will close. I urge mind my colleagues in closing that lowing: Members to vote no on the previous there is more money in this bill than ‘‘SEC. 2. Notwithstanding any other provi- question. If the previous question is de- ever before. There is more money for sion of this resolution the amendment speci- feated, I will offer an amendment to counterterrorism than ever before. And fied in section 3 shall be in order as though the rule that will allow the House to whatever is needed will be provided, as printed after the amendment numbered 1 in the report of the Committee on Rules if of- vote on a critical amendment that was always been the manner of this House defeated on a straight party line vote fered by Representative Peterson of Min- and the other body to do. nesota or a designee. That amendment shall last night at the Committee on Rules. I want to close by thanking the gen- be debatable for 60 minutes equally divided The amendment by the gentleman tleman from Florida (Chairman GOSS) and controlled by the proponent and an op- from Minnesota (Mr. PETERSON) would because he has always worked in a very ponent. fully fund the counterterrorism needs bipartisan manner on the Permanent SEC. 3. The amendment referred to in sec- of the intelligence community by in- Select Committee on Intelligence, tion 2 is as follows: creasing by 100 percent the funds au- which all of us appreciate greatly, and thorized in the contingency emergency At the end of title I, insert the following with his background in intelligence, of new section: reserve. What many Members may not course, that has been extremely impor- realize is that the President’s budget SEC. 105. INCREASE IN AUTHORIZATION OF AP- tant to have him there. We are going to PROPRIATIONS TO FULLY FUND THE request covered just a fraction of the miss him greatly, both as a chairman NATIONAL FOREIGN INTELLIGENCE intelligence community’s counterter- and as a long-serving, well respected PROGRAM. rorism requirements, less than a third. Member of Congress from Florida. The amounts authorized to be appropriated They say the rest of the funds will be So we wish him only the best as he under section 101 for the conduct of the in- requested only after the November goes on whatever new challenges he telligence and intelligence-related activities of the elements listed in such section for the election. may take on. Well, the Nation’s intelligence agen- Contingency Emergency Reserve, as speci- Mr. LINDER. Mr. Speaker, I rise in support cies have indicated that they need ad- fied in the classified Schedule of Authoriza- of this structured rule, and thank my friend ditional funds and the Peterson amend- tions referred to in section 102, are increased and colleague from the Rules Committee, Mrs. 100 percent. ment will make sure that they receive MYRICK, for yielding me this time. Mrs. MYRICK. Mr. Speaker, I yield them now, not after November elec- H. Res. 686 is a structured rule that pro- back the balance of my time, and I tions. Mr. Speaker, fighting terrorism is vides for the consideration of H.R. 4548, the move the previous question on the res- not now and has never been a partisan FY2005 Intelligence Authorization Act of 2005. olution. issue. After 9/11, Republicans and It is a fair and balanced rule that deserves the The SPEAKER pro tempore. The Democrats stood side by side on the support of the House. It makes in order a total question is on ordering the previous steps of the Capitol united in our effort of ten (10) separate amendments to the un- question. to root out terrorists and to keep derlying bill, three from members of the minor- The question was taken; and the America safe. It is hard for me to unity and the remainder from members of the Speaker pro tempore announced that derstand why Republicans would now majority. These ten amendments were more the ayes appeared to have it. actively work to keep the House from than half of the 18 amendments submitted to Ms. SLAUGHTER. Mr. Speaker, on adequately funding the counterterror- the Rules Committee. that I demand the yeas and nays. ism efforts. Mr. Speaker, I also rise in support of the un- The yeas and nays were ordered. The intelligence bill has long been derlying measure, H.R. 4548, which authorizes The SPEAKER pro tempore. Pursu- considered in this House under an open funding for critical intelligence programs for ant to clause 8 of rule XX further pro- rule. Any Member who wished to bring FY2005. ceedings on this question will be post- an amendment to the floor could do so, I want to commend Chairman GOSS for poned. but last year things began to change. bringing this legislation to the floor. As Chair- f Republicans started to pass rules that man of the House Permanent Select Com- mittee on Intelligence for the past eight years, ANNOUNCEMENT BY THE SPEAKER restricted amendments, that allowed PRO TEMPORE them to pick and choose which amend- the gentleman from Sanibel, Florida has ments could be debated in the floor of served this country with honor, integrity, and The SPEAKER pro tempore. Pursu- the House. This year they have taken distinction. ant to clause 8 of rule XX, the Chair it too far. His tenure has been marked by a tireless will postpone further proceedings The Peterson amendment is far too effort to improve and reform our nation’s intel- today on motions to suspend the rules important not to be considered and is ligence capabilities. He has never wavered in on which a recorded vote or the yeas far too important to be subject to his steadfast desire to invest in this critical and nays are ordered, or on which the petty partisan games. It deserves a sep- government function, and while there is still vote is objected to under clause 6 of arate vote here on the floor today. work to be done, his leadership has helped rule XX. So I urge Members on both sides of the intelligence community deal with a turbu- Record votes on postponed questions the aisle to vote no on the previous lent global environment. will be taken later in the day. question. Let me make it very clear Mr. Speaker, H.R. 4548 provides the tools f that a no vote will not stop the House necessary for a strong and effective U.S. intel- from taking up the intelligence bill ligence mission as we wage a war against ter- SURFACE TRANSPORTATION and will not prevent any of the amend- rorism. EXTENSION ACT OF 2004, PART III ments made in order from being of- Intelligence efforts serve as the first line of Mr. YOUNG of Alaska. Mr. Speaker, I fered. However, a yes vote will mean defense against terrorism and oppression. move to suspend the rules and pass the that the House will not have the oppor- Without a strong commitment to this effort, our bill (H.R. 4635) to provide an extension tunity to fully fund the Nation’s coun- freedoms and this democracy are vulnerable of highway, highway safety, motor car- terterrorism needs. to the fear and terror of others. rier safety, transit, and other programs Mr. Speaker, I ask unanimous con- It is incumbent on us to ensure that the funded out of the Highway Trust Fund sent to insert the text of the amend- blessings of liberty afforded to the citizens of pending enactment of a law reauthor- ment immediately prior to the vote on this great nation are preserved under any pos- izing the Transportation Equity Act the previous question. sible means. By passing H.R. 4548, we are for the 21st Century.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.024 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4779 The Clerk read as follows: Stat. 1113; 118 Stat. 480; 118 Stat. 628) is tion 1221(e)(1) of such Act (23 U.S.C. 101 note; H.R. 4635 amended by striking ‘‘$184,500,000 for the pe- 112 Stat. 223; 117 Stat. 1114; 118 Stat. 481; 118 riod of October 1, 2003, through June 30, 2004’’ Stat. 629) is amended by striking ‘‘$18,750,000 Be it enacted by the Senate and House of Rep- and inserting ‘‘$205,000,000 for the period of for the period of October 1, 2003, through resentatives of the United States of America in October 1, 2003, through July 31, 2004’’. June 30, 2004’’ and inserting ‘‘$20,833,333 for Congress assembled, (C) PARK ROADS AND PARKWAYS.—Section the period of October 1, 2003, through July 31, SECTION 1. SHORT TITLE. 1101(a)(8)(C) of such Act (112 Stat. 112; 117 2004’’. This Act may be cited as the ‘‘Surface Stat. 1113; 118 Stat. 480; 118 Stat. 628) is (10) TRANSPORTATION INFRASTRUCTURE FI- Transportation Extension Act of 2004, Part amended by striking ‘‘$123,750,000 for the pe- NANCE AND INNOVATION.—Section 188 of title III’’. riod of October 1, 2003, through June 30, 2004’’ 23, United States Code, is amended— SEC. 2. ADVANCES. and inserting ‘‘$137,500,000 for the period of (A) by striking subsection (a)(1)(F) and in- (a) IN GENERAL.—Section 2(a) of the Sur- October 1, 2003, through July 31, 2004’’ . serting the following: face Transportation Extension Act of 2003 (23 (D) REFUGE ROADS.—Section 1101(a)(8)(D) of ‘‘(F) $116,666,667 for the period of October 1, U.S.C. 104 note; 117 Stat. 1110; 118 Stat. 478; such Act (112 Stat. 112; 117 Stat. 1113; 118 2003, through July 31, 2004.’’; 118 Stat. 627) is amended by striking ‘‘and Stat. 480; 118 Stat. 628) is amended by strik- (B) in subsection (a)(2) by striking the Surface Transportation Extension Act of ing ‘‘$15,000,000 for the period of October 1, ‘‘$1,500,000 for the period of October 1, 2003, 2004, Part II’’ and inserting ‘‘the Surface 2003, through June 30, 2004’’ and inserting through June 30, 2004’’ and inserting Transportation Extension Act of 2004, Part ‘‘$16,666,667 for the period of October 1, 2003, ‘‘$1,666,667 for the period of October 1, 2003, II, and the Surface Transportation Extension through July 31, 2004’’. through July 31, 2004’’; and Act of 2004, Part III’’. (2) NATIONAL CORRIDOR PLANNING AND DE- (C) in the item relating to fiscal year 2004 (b) PROGRAMMATIC DISTRIBUTIONS.— VELOPMENT AND COORDINATED BORDER INFRA- in the table contained in subsection (c) by (1) SPECIAL RULES FOR MINIMUM GUAR- STRUCTURE PROGRAMS.—Section 1101(a)(9) of striking ‘‘$1,950,000,000’’ and inserting ANTEE.—Section 2(b)(4) of such Act is amend- such Act (112 Stat. 112; 117 Stat. 1114; 118 ‘‘$2,166,666,667’’. ed by striking ‘‘$2,100,000,000’’ and inserting Stat. 480; 118 Stat. 628) is amended by strik- (b) AUTHORIZATION OF APPROPRIATIONS ‘‘$2,333,333,333’’. ing ‘‘$105,000,000 for the period of October 1, UNDER TITLE V OF TEA–21.— (2) EXTENSION OF OFF-SYSTEM BRIDGE SET- 2003, through June 30, 2004’’ and inserting (1) SURFACE TRANSPORTATION RESEARCH.— ASIDE.—Section 144(g)(3) of title 23, United ‘‘$116,666,667 for the period of October 1, 2003, Section 5001(a)(1) of the Transportation Eq- States Code, is amended by striking ‘‘June through July 31, 2004’’. uity Act for the 21st Century (112 Stat. 419; 30’’ inserting ‘‘July 31’’. (3) CONSTRUCTION OF FERRY BOATS AND 117 Stat. 1115; 118 Stat. 481; 118 Stat. 630) is (c) AUTHORIZATION OF CONTRACT AUTHOR- FERRY TERMINAL FACILITIES.— amended by striking ‘‘$78,750,000 for the pe- ITY.—Section 1101(c)(1) of the Transportation (A) IN GENERAL.—Section 1101(a)(10) of such riod of October 1, 2003, through June 30, 2004’’ Equity Act for the 21st Century (117 Stat. Act (112 Stat. 113; 117 Stat. 1114; 118 Stat. 480; and inserting ‘‘$87,500,000 for the period of 1111; 118 Stat. 478; 118 Stat. 627) is amended 118 Stat. 628) is amended by striking October 1, 2003, through July 31, 2004’’. by striking ‘‘$24,270,225,000 for the period of ‘‘$28,500,000 for the period of October 1, 2003, (2) TECHNOLOGY DEPLOYMENT PROGRAM.— October 1, 2003, through June 30, 2004’’ and through June 30, 2004’’ and inserting Section 5001(a)(2) of such Act (112 Stat. 419; inserting ‘‘$26,998,288,667 for the period of Oc- ‘‘$31,666,667 for the period of October 1, 2003, 117 Stat. 1115; 118 Stat. 481; 118 Stat. 630) is tober 1, 2003, through July 31, 2004’’. through July 31, 2004’’. (B) SET ASIDE FOR ALASKA, NEW JERSEY, AND amended by striking ‘‘$41,250,000 for the pe- (d) LIMITATION ON OBLIGATIONS.—Section riod of October 1, 2003, through June 30, 2004’’ 2(e) of the Surface Transportation Extension WASHINGTON.—Section 5(a)(3)(B) of the Sur- and inserting ‘‘$45,833,333 for the period of Act of 2003 (117 Stat. 1111; 118 Stat. 478; 118 face Transportation Extension Act of 2003 October 1, 2003, through July 31, 2004’’. Stat. 627) is amended— (117 Stat. 1114; 118 Stat. 480; 118 Stat. 628) is amended— (3) TRAINING AND EDUCATION.—Section (1) in the matter preceding subparagraph (i) in clause (i) by striking ‘‘$7,500,000’’ and 5001(a)(3) of such Act (112 Stat. 420; 117 Stat. (A) of paragraph (1) by striking ‘‘June 30’’ inserting ‘‘$8,333,333’’; 1115; 118 Stat. 481; 118 Stat. 630) is amended and inserting ‘‘July 31’’; (ii) in clause (ii) by striking ‘‘$3,750,000’’ by striking ‘‘$15,750,000 for the period of Oc- (2) in paragraph (1)(A)— and inserting ‘‘$4,166,667’’; and tober 1, 2003, through June 30, 2004’’ and in- (A) by striking ‘‘of 2004 and’’ and inserting (iii) in clause (iii) by striking ‘‘$3,750,000’’ serting ‘‘$17,500,000 for the period of October ‘‘of 2004,’’; and inserting ‘‘$4,166,667’’. 1, 2003, through July 31, 2004’’. (B) by inserting after ‘‘Part II’’ the fol- (4) NATIONAL SCENIC BYWAYS PROGRAM.— (4) BUREAU OF TRANSPORTATION STATIS- lowing: ‘‘, and the Surface Transportation Section 1101(a)(11) of the Transportation Eq- TICS.—Section 5001(a)(4) of such Act (112 Extension Act of 2004, Part III’’; and uity Act for the 21st Century (112 Stat. 113; Stat. 420; 117 Stat. 1115; 118 Stat. 481; 118 (C) by striking ‘‘and such Act’’ and insert- 117 Stat. 1114; 118 Stat. 480; 118 Stat. 629) is Stat. 630) is amended by striking ‘‘$23,250,000 ing ‘‘ and such Acts’’; amended by striking ‘‘$20,625,000 for the pe- for the period of October 1, 2003, through (3) in paragraph (1)(B) by striking ‘‘9⁄12’’ riod of October 1, 2003, through June 30, 2004’’ June 30, 2004’’ and inserting ‘‘$25,833,333 for and inserting ‘‘10⁄12’’; and inserting ‘‘$22,916,667 for the period of the period of October 1, 2003, through July 31, (4) in paragraph (2)— October 1, 2003, through July 31, 2004’’ . 2004’’. (A) by striking ‘‘June 30’’ and inserting (5) VALUE PRICING PILOT PROGRAM.—Section (5) ITS STANDARDS, RESEARCH, OPERATIONAL ‘‘July 31’’; 1101(a)(12) of such Act (112 Stat. 113; 117 Stat. TESTS, AND DEVELOPMENT.—Section 5001(a)(5) (B) by striking ‘‘$25,382,250,000’’ and insert- 1114; 118 Stat. 480; 118 Stat. 629) is amended of such Act (112 Stat. 420; 117 Stat. 1115; 118 ing ‘‘$28,202,500,000’’; and by striking ‘‘$8,250,000 for the period of Octo- Stat. 481; 118 Stat. 630) is amended by strik- (C) by striking ‘‘$479,250,000’’ and inserting ber 1, 2003, through June 30, 2004’’ and inserting ‘‘$86,250,000 for the period of October 1, ‘‘$532,500,000’’; and ing ‘‘$9,166,667 for the period of October 1, 2003, through June 30, 2004’’ and inserting (5) in paragraph (3) by striking ‘‘June 30’’ 2003, through July 31, 2004’’. ‘‘$95,833,333 for the period of October 1, 2003, and inserting ‘‘July 31’’. (6) HIGHWAY USE TAX EVASION PROJECTS.— through July 31, 2004’’. SEC. 3. ADMINISTRATIVE EXPENSES. Section 1101(a)(14) of such Act (112 Stat. 113; (6) ITS DEPLOYMENT.—Section 5001(a)(6) of Section 4(a) of the Surface Transportation 117 Stat. 1114; 118 Stat. 480; 118 Stat. 629) is such Act (112 Stat. 420; 117 Stat. 1116; 118 Extension Act of 2003 (117 Stat. 1113; 118 Stat. amended by striking ‘‘$3,750,000 for the pe- Stat. 482; 118 Stat. 630) is amended by strik- 479; 118 Stat. 628) is amended by striking riod of October 1, 2003, through June 30, 2004’’ ing ‘‘$93,000,000 for the period of October 1, ‘‘$337,500,000’’ and inserting ‘‘$343,628,000’’. and inserting ‘‘$4,166,667 for the period of Oc- 2003, through June 30, 2004’’ and inserting SEC. 4. OTHER FEDERAL-AID HIGHWAY PRO- tober 1, 2003, through July 31, 2004’’. ‘‘$103,333,333 for the period of October 1, 2003, GRAMS. (7) COMMONWEALTH OF PUERTO RICO HIGH- through July 31, 2004’’. (a) AUTHORIZATION OF APPROPRIATIONS WAY PROGRAM.—Section 1101(a)(15) of such (7) UNIVERSITY TRANSPORTATION RE- UNDER TITLE I OF TEA–21.— Act (112 Stat. 113; 117 Stat. 1114; 118 Stat. 481; SEARCH.—Section 5001(a)(7) of such Act (112 (1) FEDERAL LANDS HIGHWAYS.— 118 Stat. 629) is amended by striking Stat. 420; 117 Stat. 1116; 118 Stat. 482; 118 (A) INDIAN RESERVATION ROADS.—Section ‘‘$82,500,000 for the period of October 1, 2003, Stat. 630) is amended by striking ‘‘$20,250,000 1101(a)(8)(A) of the Transportation Equity through June 30, 2004’’ and inserting for the period of October 1, 2003, through Act for the 21st Century (112 Stat. 112; 117 ‘‘$91,666,667 for the period of October 1, 2003, June 30, 2004’’ and inserting ‘‘$22,500,000 for Stat. 1113; 118 Stat. 479; 118 Stat. 628) is through July 31, 2004’’. the period of October 1, 2003, through July 31, amended— (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of 2004’’. (i) in the first sentence by striking such Act (23 U.S.C. 402 note; 112 Stat. 196; 112 ‘‘$206,250,000 for the period of October 1, 2003, Stat. 840; 117 Stat. 1114; 118 Stat. 481; 118 (c) METROPOLITAN PLANNING.—Section through June 30, 2004’’ and inserting Stat. 629) is amended by striking ‘‘$375,000 for 5(c)(1) of the Surface Transportation Exten- ‘‘$229,166,667 for the period of October 1, 2003, the period of October 1, 2003, through June sion Act of 2003 (117 Stat. 1116; 118 Stat. 482; through July 31, 2004’’; and 30, 2004’’ and inserting ‘‘$416,667 for the pe- 118 Stat. 630) is amended by striking (ii) in the second sentence by striking riod of October 1, 2003, through July 31, ‘‘$180,000,000 for the period of October 1, 2003, ‘‘$9,750,000’’ and inserting ‘‘$10,833,333’’. 2004’’. through June 30, 2004’’ and inserting (B) PUBLIC LANDS HIGHWAYS.—Section (9) TRANSPORTATION AND COMMUNITY AND ‘‘$200,000,000 for the period of October 1, 2003, 1101(a)(8)(B) of such Act (112 Stat. 112; 117 SYSTEM PRESERVATION PILOT PROGRAM.—Sec- through July 31, 2004’’.

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(d) TERRITORIES.—Section 1101(d)(1) of the (1) by striking ‘‘and section 4 of the Sur- paragraph (1)(B), $8,615,533 shall be available Transportation Equity Act for the 21st Cen- face Transportation Extension Act of 2004, for the period beginning on October 1, 2003, tury (117 Stat. 1116; 118 Stat. 482; 118 Stat. Part II’’ and inserting ‘‘section 4 of the Sur- and ending on July 31, 2004, for capital 630) is amended by striking ‘‘$27,300,000 for face Transportation Extension Act of 2004, projects described in clause (i).’’; the period of October 1, 2003, through June Part II, and section 4 of the Surface Trans- (3) in paragraph (3)(B)— 30, 2004’’ and inserting ‘‘$30,333,333 for the pe- portation Extension Act of 2004, Part III’’; (A) by striking ‘‘$2,236,725’’ and inserting riod of October 1, 2003, through July 31, (2) by striking the second comma following ‘‘$2,485,250’’; and 2004’’. ‘‘by this section’’ the second place it ap- (B) by striking ‘‘June 30, 2004’’ and insert- (e) ALASKA HIGHWAY.—Section 1101(e)(1) of pears; and ing ‘‘July 31, 2004’’; and such Act (117 Stat. 1116; 118 Stat. 482; 118 (3) by striking ‘‘and by section 4 of the (4) in paragraph (3)(C)— Stat. 630) is amended by striking ‘‘$14,100,000 Surface Transportation Extension Act of (A) by striking ‘‘$37,278,750’’ and inserting for the period of October 1, 2003, through 2004, Part II’’ each place it appears and in- ‘‘$41,420,833’’; and June 30, 2004’’ and inserting ‘‘$15,666,667 for serting ‘‘by section 4 of the Surface Trans- (B) by striking ‘‘June 30, 2004’’ and insert- the period of October 1, 2003, through July 31, portation Extension Act of 2004, Part II, and ing ‘‘July 31, 2004’’. 2004’’. by section 4 of the Surface Transportation (b) APPORTIONMENT OF APPROPRIATIONS FOR (f) OPERATION LIFESAVER.—Section Extension Act of 2004, Part III’’. FIXED GUIDEWAY MODERNIZATION.—The head- 1101(f)(1) of such Act (117 Stat. 1117; 118 Stat. (n) PROGRAM CATEGORY RECONCILIATION.— ing for section 8(b)(1) of the Surface Trans- 482; 118 Stat. 631) is amended by striking Section 5(n) of such Act (117 Stat. 1119; 118 portation Extension Act of 2003 (49 U.S.C. ‘‘$375,000 for the period of October 1, 2003, Stat. 483; 118 Stat. 632) is amended by strik- 5337 note) is amended by striking ‘‘JUNE 30, through June 30, 2004’’ and inserting ‘‘$416,667 ing ‘‘and section 4 of the Surface Transpor- 2004’’ and inserting ‘‘JULY 31, 2004’’. for the period of October 1, 2003, through tation Extension Act of 2004, Part II’’ and in- (c) FORMULA GRANTS AUTHORIZATIONS.— July 31, 2004’’. serting ‘‘section 4 of the Surface Transpor- Section 5338(a) of title 49, United States (g) BRIDGE DISCRETIONARY.—Section tation Extension Act of 2004, Part II, and sec- Code, is amended— 1101(g)(1) of such Act (117 Stat. 1117; 118 Stat. tion 4 of the Surface Transportation Exten- (1) in the heading to paragraph (2) by strik- 482; 118 Stat. 631) is amended— sion Act of 2004, Part III’’. ing ‘‘JUNE 30, 2004’’ and inserting ‘‘JULY 31, 2004’’; (1) by striking ‘‘$75,000,000’’ and inserting SEC. 5. EXTENSION OF HIGHWAY SAFETY PRO- ‘‘$83,333,333’’; and GRAMS. (2) in paragraph (2)(A)(vi)— (2) by striking ‘‘June 30’’ and inserting (a) SEAT BELT SAFETY INCENTIVE GRANTS.— (A) by striking ‘‘$2,289,809,940’’ and insert- ‘‘July 31’’. Section 157(g)(1) of title 23, United States ing ‘‘$2,544,233,267’’; and (h) INTERSTATE MAINTENANCE.—Section Code, is amended by striking ‘‘$84,000,000 for (B) by striking ‘‘June 30, 2004’’ and insert- 1101(h)(1) of such Act (117 Stat. 1117; 118 Stat. the period of October 1, 2003, through June ing ‘‘July 31, 2004’’; 482; 118 Stat. 631) is amended— 30, 2004’’ and inserting ‘‘$93,333,333 for the pe- (3) in paragraph (2)(B)(vi)— (1) by striking ‘‘$75,000,000’’ and inserting riod of October 1, 2003, through July 31, (A) by striking ‘‘$572,452,485’’ and inserting ‘‘$83,333,333’’; and 2004’’. ‘‘$636,058,317’’; and (2) by striking ‘‘June 30’’ and inserting (b) PREVENTION OF INTOXICATED DRIVER IN- (B) by striking ‘‘June 30, 2004’’ and insert- ‘‘July 31’’. CENTIVE GRANTS.—Section 163(e)(1) of such ing ‘‘July 31, 2004’’; and (i) RECREATIONAL TRAILS ADMINISTRATIVE title is amended by striking ‘‘$90,000,000 for (4) in paragraph (2)(C) by striking ‘‘June 30, COSTS.—Section 1101(i)(1) of such Act (117 the period of October 1, 2003, through June 2004’’ and inserting ‘‘July 31, 2004’’. Stat. 1117; 118 Stat. 482; 118 Stat. 631) is 30, 2004’’ and inserting ‘‘$100,000,000 for the (d) FORMULA GRANT FUNDS.—Section 8(d) of amended by striking ‘‘$562,500 for the period period of October 1, 2003, through July 31, the Surface Transportation Extension Act of 2003 (118 Stat. 633) is amended to read as fol- of October 1, 2003, through June 30, 2004’’ and 2004’’. lows: inserting ‘‘$625,000 for the period of October SEC. 6. SPORT FISHING AND BOATING SAFETY. ‘‘(d) ALLOCATION OF FORMULA GRANT FUNDS 1, 2003, through July 31, 2004’’. (a) FUNDING FOR NATIONAL OUTREACH AND FOR OCTOBER 1, 2003, THROUGH JULY 31, 2004.— (j) RAILWAY-HIGHWAY CROSSING HAZARD COMMUNICATIONS PROGRAM.—Section 4(c)(6) Of the aggregate of amounts made available ELIMINATION IN HIGH SPEED RAIL COR- of the Dingell-Johnson Sport Fish Restora- by or appropriated under section 5338(a)(2) of RIDORS.—Section 1101(j)(1) of such Act (117 tion Act (16 U.S.C. 777c(c)(6)) is amended to title 49, United States Code, for the period of Stat. 1118; 118 Stat. 482; 118 Stat. 631) is read as follows: October 1, 2003, through July 31, 2004— amended— ‘‘(6) $8,333,332 for the period of October 1, ‘‘(1) $4,017,779 shall be available to the (1) by striking ‘‘$3,937,500’’ and inserting 2003, through July 31, 2004;’’. Alaska Railroad for improvements to its pas- ‘‘$4,375,000’’; (b) CLEAN VESSEL ACT FUNDING.—Section senger operations under section 5307 of such (2) by striking ‘‘$187,500’’ and inserting 4(b)(4) of such Act (16 U.S.C. 777c(b)(4)) is title; ‘‘$208,833’’; and amended— ‘‘(2) $41,420,833 shall be available for bus (3) by striking ‘‘June 30’’ each place it ap- (1) in the paragraph heading by striking ‘‘9 and bus facilities grants under section 5309 of pears and inserting ‘‘July 31’’. MONTHS’’ and inserting ‘‘10 MONTHS’’; such title; (k) NONDISCRIMINATION.—Section 1101(k) of (2) in the matter preceding subparagraph ‘‘(3) $75,098,291 shall be available to provide such Act (117 Stat. 1118; 118 Stat. 482; 118 (A)— transportation services to elderly individ- Stat. 631) is amended— (A) by striking ‘‘April 30’’ and inserting uals and individuals with disabilities under (1) in paragraph (1) by striking ‘‘$7,500,000 ‘‘July 31’’; and section 5310 of such title; for the period of October 1, 2003, through (B) by striking ‘‘$61,499,999’’ and inserting ‘‘(4) $199,323,382 shall be available to pro- June 30, 2004’’ and inserting ‘‘$8,333,333 for ‘‘$68,333,332’’; vide financial assistance for other than ur- the period of October 1, 2003, through July 31, (3) in subparagraph (A) by striking banized areas under section 5311 of such title; 2004’’; and ‘‘$7,499,999’’ and inserting ‘‘$8,333,332’’; and ‘‘(5) $5,757,496 shall be available to provide (2) in paragraph (2) by striking ‘‘$7,500,000 (4) in subparagraph (B) by striking financial assistance in accordance with sec- for the period of October 1, 2003, through ‘‘$6,000,001’’ and inserting ‘‘$6,666,668’’. tion 3038(g) of the Transportation Equity Act June 30, 2004’’ and inserting ‘‘$8,333,333 for (c) BOAT SAFETY FUNDS.—Section 13106(c) for the 21st Century; and the period of October 1, 2003, through July 31, of title 46, United States Code, is amended— ‘‘(6) $2,854,673,803 shall be available to pro- 2004’’. (1) by striking ‘‘$3,750,001’’ and inserting vide financial assistance for urbanized areas (l) ADMINISTRATION OF FUNDS.—Section 5(l) ‘‘$4,166,668’’; and under section 5307 of such title.’’. of the Surface Transportation Extension Act (2) by striking ‘‘$1,500,001’’ and inserting (e) CAPITAL PROGRAM AUTHORIZATIONS.— of 2003 (117 Stat. 1118; 118 Stat. 483; 118 Stat. ‘‘$1,666,668’’. Section 5338(b)(2) of title 49, United States 631) is amended— SEC. 7. EXTENSION OF FEDERAL TRANSIT PRO- Code, is amended— (1) by striking ‘‘and section 4 of the Sur- GRAMS. (1) in the heading by striking ‘‘JUNE 30, face Transportation Extension Act of 2004, (a) ALLOCATING AMOUNTS.—Section 5309(m) 2004’’ and inserting ‘‘JULY 31, 2004’’; Part II’’ and inserting ‘‘section 4 of the Sur- of title 49, United States Code, is amended— (2) in subparagraph (A)(vi)— face Transportation Extension Act of 2004, (1) in paragraph (1)— (A) by striking ‘‘$1,871,393,250’’ and insert- Part II, and section 4 of the Surface Trans- (A) by striking ‘‘June 30, 2004’’ each place ing ‘‘$2,079,325,834’’; and portation Extension Act of 2004, Part III’’; it appears and inserting ‘‘July 31, 2004’’; (B) by striking ‘‘June 30, 2004’’ and insert- (2) by striking ‘‘or the amendment made by (B) in subparagraph (A) by striking ing ‘‘July 31, 2004’’; and section 4(a)(1) of the Surface Transportation ‘‘$899,540,711’’ and inserting ‘‘$999,489,679’’; (3) in subparagraph (B)(vi)— Extension Act, Part II’’ and inserting ‘‘the (C) in subparagraph (B) by striking (A) by striking ‘‘$467,848,313’’ and inserting amendment made by section 4(a)(1) of the ‘‘$986,987,712’’ and inserting ‘‘$1,096,653,013’’; ‘‘$519,831,458’’; and Surface Transportation Extension Act, Part and (B) by striking ‘‘June 30, 2004’’ and insert- II, or the the amendment made by section (D) in subparagraph (C) by striking ing ‘‘July 31, 2004’’. 4(a)(1) of the Surface Transportation Exten- ‘‘$452,713,140’’ and inserting ‘‘$503,014,600’’; (f) PLANNING AUTHORIZATIONS AND ALLOCA- sion Act, Part III’’. (2) by striking paragraph (2)(B)(iii) and in- TIONS.—Section 5338(c)(2) of such title is (m) REDUCTION OF ALLOCATED PROGRAMS.— serting the following: amended— Section 5(m) of such Act (117 Stat. 1119; 118 ‘‘(iii) OCTOBER 1, 2003 THROUGH JULY 31, (1) in the heading by striking ‘‘JUNE 30, Stat. 483; 118 Stat. 632) is amended— 2004.—Of the amounts made available under 2004’’ and inserting ‘‘JULY 31, 2004’’;

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(2) in subparagraph (A)(vi)— ‘‘(2) TRAINING AND CURRICULUM DEVELOP- tation Equity Act for the 21st Century (49 (A) by striking ‘‘$43,690,695’’ and inserting MENT.—Notwithstanding section 5338(e)(2) of U.S.C. 322 note; 118 Stat. 637) is amended— ‘‘$48,545,217’’; and title 49, United States Code, any amounts (1) by striking ‘‘June 30, 2004’’ and insert- (B) by striking ‘‘June 30, 2004’’ and insert- made available under such section for the pe- ing ‘‘July 31, 2004,’’; and ing ‘‘July 31, 2004’’; and riod October 1, 2003, through July 31, 2004, (2) by striking ‘‘$3,727,876’’ and inserting (3) in subparagraph (B)(vi)— that remain after distribution under para- ‘‘$4,142,083’’. (A) by striking ‘‘$10,736,280’’ and inserting graph (1), shall be available for the purposes (r) PROJECTS FOR NEW FIXED GUIDEWAY ‘‘$11,929,200’’; and specified in section 3015(d) of the Transpor- SYSTEMS AND EXTENSIONS TO EXISTING SYS- (B) by striking ‘‘June 30, 2004’’ and insert- tation Equity Act for the 21st Century (112 TEMS.—Section 3030 of the Transportation ing ‘‘July 31, 2004’’. Stat. 857).’’. Equity Act for the 21st Century (112 Stat. (g) RESEARCH AUTHORIZATIONS.—Section (2) CONFORMING AMENDMENT.—Section 373; 118 Stat. 637) is amended by striking 5338(d)(2) of such title is amended— 3015(d)(2) of the Transportation Equity Act ‘‘June 30, 2004’’ each place it appears and in- (1) in the heading by striking ‘‘JUNE 30, for the 21st Century (49 U.S.C. 5338 note; 112 serting ‘‘July 31, 2004’’. 2004’’ and inserting ‘‘JULY 31, 2004’’; Stat. 857; 118 Stat. 487; 118 Stat. 636) is (s) NEW JERSEY URBAN CORE PROJECT.— (2) in subparagraph (A)(vi)— amended by striking ‘‘June 30, 2004’’ and in- Section 3031(a)(3) of the Intermodal Surface (A) by striking ‘‘$31,463,265’’ and inserting serting ‘‘July 31, 2004’’. Transportation Efficiency Act of 1991 (105 ‘‘$34,959,183’’; and (k) ADMINISTRATION AUTHORIZATIONS.—Sec- Stat. 2122; 112 Stat. 379; 117 Stat. 1126; 118 (B) by striking ‘‘June 30, 2004’’ and insert- tion 5338(f)(2) of title 49, United States Code, Stat. 489; 118 Stat. 637) is amended by striking ‘‘July 31, 2004’’; is amended— ing ‘‘June 30, 2004’’ each place it appears and (3) in subparagraph (B)(vi)— (1) in the heading by striking ‘‘JUNE 30, inserting ‘‘July 31, 2004’’. 2004 ULY 31 2004 (A) by striking ‘‘$8,052,210’’ and inserting ’’ and inserting ‘‘J , ’’; (t) TREATMENT OF FUNDS.—Section 8(t) of ‘‘$8,946,900’’; and (2) in subparagraph (A)(vi)— the Surface Transportation Extension Act of (B) by striking ‘‘June 30, 2004’’ and insert- (A) by striking ‘‘$45,032,730’’ and inserting 2003 (23 U.S.C. 101 note; 118 Stat. 637) is ing ‘‘July 31, 2004’’; and ‘‘$50,036,366’’; and amended— (4) in subparagraph (C) by striking ‘‘June (B) by striking ‘‘June 30, 2004’’ and insert- (1) in paragraph (1) by striking ‘‘and by 30, 2004’’ and inserting ‘‘July 31, 2004’’. ing ‘‘July 31, 2004’’; and section 7 of the Surface Transportation Ex- (3) in subparagraph (B)(vi)— (h) RESEARCH FUNDS.—Section 8(h) of the tension Act of 2004, Part II’’ and inserting ‘‘, (A) by striking ‘‘$11,258,183’’ and inserting Surface Transportation Extension Act of 2003 by section 7 of the Surface Transportation ‘‘$12,509,093’’; and (118 Stat. 635) is amended to read as follows: Extension Act of 2004, Part II, and by section (B) by striking ‘‘June 30, 2004’’ and insert- ‘‘(h) ALLOCATION OF RESEARCH FUNDS FOR 7 of the Surface Transportation Extension ing ‘‘July 31, 2004’’. OCTOBER 1, 2003, THROUGH JULY 31, 2004.—Of Act of 2004, Part III’’; and the funds made available by or appropriated (l) JOB ACCESS AND REVERSE COMMUTE PRO- (2) in paragraph (2) by striking ‘‘9⁄12’’ and under section 5338(d)(2) of title 49, United GRAM.—Section 3037(l) of the Transportation inserting ‘‘10⁄12’’. States Code, for the period of October 1, 2003, Equity Act for the 21st Century (49 U.S.C. (u) LOCAL SHARE.—Section 3011(a) of the through July 31, 2004— 5309 note) is amended— (1) in paragraph (1)(A)(vi)— Transportation Equity Act for the 21st Cen- ‘‘(1) not less than $4,349,188 shall be avail- tury (49 U.S.C. 5307 note; 118 Stat. 637) is able for providing rural transportation as- (A) by striking ‘‘$74,557,500’’ and inserting ‘‘$82,841,667’’; and amended by striking ‘‘June 30’’ and inserting sistance under section 5311(b)(2) of such title; ‘‘July 31’’. ‘‘(2) not less than $6,834,438 shall be avail- (B) by striking ‘‘June 30, 2004’’ and insert- able for carrying out transit cooperative re- ing ‘‘July 31, 2004’’; SEC. 8. NATIONAL HIGHWAY TRAFFIC SAFETY AD- MINISTRATION PROGRAMS. search programs under section 5313(a) of such (2) in paragraph (1)(B)(vi)— (a) CHAPTER 4 HIGHWAY SAFETY PRO- title; (A) by striking ‘‘$18,639,375’’ and inserting GRAMS.—Section 2009(a)(1) of the Transpor- ‘‘(3) not less than $3,313,667 shall be avail- ‘‘$20,710,416’’; and tation Equity Act for the 21st Century (112 able to carry out programs under the Na- (B) by striking ‘‘June 30, 2004’’ and insert- Stat. 337; 117 Stat. 1119; 118 Stat. 489; 118 tional Transit Institute under section 5315 of ing ‘‘July 31, 2004’’; Stat. 637) is amended by striking ‘‘, and such title, including not more than $828,416 (3) in paragraph (2) by striking ‘‘June 30, $123,019,875 for the period of October 1, 2003, to carry out section 5315(a)(16) of such title; 2004, $7,455,750’’ and inserting ‘‘July 31, 2004, through June 30, 2004’’ and inserting ‘‘, and and $8,284,166’’; and (4) in paragraph (4) by striking $136,688,750 for the period of October 1, 2003, ‘‘(4) any amounts not made available under ‘‘$14,911,500’’ and inserting ‘‘$16,568,333’’. through July 31, 2004’’. paragraphs (1) through (3) shall be available (m) RURAL TRANSPORTATION ACCESSIBILITY (b) HIGHWAY SAFETY RESEARCH AND DEVEL- for carrying out national planning and re- INCENTIVE PROGRAM.—Section 3038(g) of the OPMENT.—Section 2009(a)(2) of such Act (112 search programs under sections 5311(b)(2), Transportation Equity Act for the 21st Cen- Stat. 337; 117 Stat. 1119; 118 Stat. 489; 118 5312, 5313(a), 5314, and 5322 of such title.’’. tury (49 U.S.C. 5310 note) is amended— Stat. 637) is amended by striking ‘‘$53,681,400 (i) UNIVERSITY TRANSPORTATION RESEARCH (1) in paragraph (1)(F)— AUTHORIZATIONS.—Section 5338(e)(2) of title for the period of October 1, 2003, through (A) by striking ‘‘$3,914,268’’ and inserting 49, United States Code, is amended— June 30, 2004’’ and inserting ‘‘$59,646,000 for ‘‘$4,349,188’’; and (1) in the heading by striking ‘‘JUNE 30, the period of October 1, 2003, through July 31, (B) by striking ‘‘June 30, 2004’’ and insert- 2004’’ and inserting ‘‘JULY 31, 2004’’; 2004’’. ing ‘‘July 31, 2004’’; and (2) in subparagraph (A)— (c) OCCUPANT PROTECTION INCENTIVE (2) in paragraph (2)— GRANTS-.—Section 2009(a)(3) of such Act (112 (A) by striking ‘‘$3,578,760’’ and inserting (A) by striking ‘‘$1,267,478’’ and inserting ‘‘$3,976,400’’; and Stat. 337; 117 Stat. 1120; 118 Stat. 489; 118 ‘‘$1,408,308’’; and Stat. 638) is amended by striking ‘‘$14,911,500 (B) by striking ‘‘June 30, 2004’’ and insert- (B) by striking ‘‘June 30, 2004’’ and inserting ‘‘July 31, 2004’’; for the period of October 1, 2003, through ing ‘‘July 31, 2004’’. June 30, 2004’’ and inserting ‘‘$16,568,333 for (3) in subparagraph (B)— (n) URBANIZED AREA FORMULA GRANTS.— (A) by striking ‘‘$894,690’’ and inserting the period of October 1, 2003, through July 31, Section 5307(b)(2) of title 49, United States 2004’’. ‘‘$994,100’’; and Code, is amended— (d) ALCOHOL-IMPAIRED DRIVING COUNTER- (B) by striking ‘‘June 30, 2004’’ and insert- (1) in the heading by striking ‘‘JUNE 30, ing ‘‘July 31, 2004’’; and MEASURES INCENTIVE GRANTS.—Section 2004’’ and inserting ‘‘JULY 31, 2004’’; and 2009(a)(4) of such Act (112 Stat. 337; 117 Stat. (4) in subparagraph (C) by striking ‘‘June (2) in subparagraph (A) by striking ‘‘June 30, 2004’’ each place it appears and inserting 1120; 118 Stat. 489; 118 Stat. 638) is amended 30, 2004’’ and inserting ‘‘July 31, 2004’’; by striking ‘‘$29,823,000 for the period of Oc- ‘‘July 31, 2004’’. (o) OBLIGATION CEILING.—Section 3040(6) of tober 1, 2003, through June 30, 2004’’ and in- (j) UNIVERSITY TRANSPORTATION RESEARCH the Transportation Equity Act for the 21st serting ‘‘$33,136,667 for the period of October FUNDS.— Century (112 Stat. 394; 118 Stat. 637) is (1) IN GENERAL.—Section 8(j) of the Surface amended— 1, 2003, through July 31, 2004’’. Transportation Extension Act of 2003 (118 (1) by striking ‘‘$5,449,407,675’’ and insert- (e) NATIONAL DRIVER REGISTER.—Section Stat. 635) is amended to read as follows: ing ‘‘$6,054,897,417’’; and 2009(a)(6) of such Act (112 Stat. 338; 117 Stat. ‘‘(j) ALLOCATION OF UNIVERSITY TRANSPOR- (2) by striking ‘‘June 30, 2004’’ and insert- 1120; 118 Stat. 638) is amended by striking TATION RESEARCH FUNDS.— ing ‘‘July 31, 2004’’. ‘‘$2,684,070 for the period of October 1, 2003, ‘‘(1) IN GENERAL.—Of the amounts made (p) FUEL CELL BUS AND BUS FACILITIES through June 30, 2004’’ and inserting available under section 5338(e)(2)(A) of title PROGRAM.—Section 3015(b) of the Transpor- ‘‘$2,982,300 for the period of October 1, 2003, 49, United States Code, for the period Octo- tation Equity Act for the 21st Century (112 through July 31, 2004’’. ber 1, 2003, through July 31, 2004— Stat. 361; 118 Stat. 637) is amended— SEC. 9. FEDERAL MOTOR CARRIER SAFETY AD- ‘‘(A) $1,656,833 shall be available for the (1) by striking ‘‘June 30, 2004’’ and insert- MINISTRATION PROGRAM. center identified in section 5505(j)(4)(A) of ing ‘‘July 31, 2004’’; and (a) ADMINISTRATIVE EXPENSES.—Section such title; and (2) by striking ‘‘$3,616,039’’ and inserting 7(a)(1) of the Surface Transportation Exten- ‘‘(B) $1,656,833 shall be available for the ‘‘$4,017,821’’. sion Act of 2003 (117 Stat. 1120; 118 Stat. 490; center identified in section 5505(j)(4)(F) of (q) ADVANCED TECHNOLOGY PILOT 118 Stat. 638) is amended by striking such title. PROJECT.—Section 3015(c)(2) of the Transpor- ‘‘$131,811,967 for the period October 1, 2003

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.004 H23PT1 H4782 CONGRESSIONAL RECORD — HOUSE June 23, 2004 through June 30, 2004’’ and inserting (A) by striking ‘‘July 1, 2004’’ and inserting around the country and other programs ‘‘$146,725,000 for the period October 1, 2003, ‘‘August 1, 2004’’, and of the Federal Transit Administration. through July 31, 2004’’. (B) by striking ‘‘Surface Transportation It authorizes $306 million for the Fed- (b) MOTOR CARRIER SAFETY ASSISTANCE Extension Act of 2004, Part II’’ and inserting eral Motor Carrier Safety Administra- PROGRAM.—Section 31104(a)(7) of title 49, ‘‘Surface Transportation Extension Act of United States Code, is amended to read as 2004, Part III’’. tion for State grants to enforce safety follows: (3) EXCEPTION TO LIMITATION ON TRANS- regulation on our Nation’s highways ‘‘(7) Not more than $140,833,333 for the pe- FERS.—Paragraph (2) of section 9504(d) of and to continue safety inspections at riod of October 1, 2003, through July 31, such Code is amended by striking ‘‘July 1, our border with Mexico. 2004.’’. 2004’’ and inserting ‘‘August 1, 2004’’. And, finally, the bill authorizes $249 (c) INFORMATION SYSTEMS AND COMMERCIAL (c) EFFECTIVE DATE.—The amendments million to the National Highway Traf- DRIVER’S LICENSE GRANTS.— made by this section shall take effect on the fic Safety Administration for highway (1) AUTHORIZATION OF APPROPRIATION.—Sec- date of the enactment of this Act. tion 31107(a)(5) of such title is amended to (d) TEMPORARY RULE REGARDING ADJUST- safety grants, occupant protection read as follows: MENTS.—During the period beginning on the grants, and impaired driving counter- ‘‘(5) $16,666,667 for the period of October 1, date of the enactment of the Surface Trans- measure grants. 2003, through July 31, 2004.’’. portation Extension Act of 2003 and ending Mr. Speaker, I reserve the balance of (2) EMERGENCY CDL GRANTS.—Section 7(c)(2) on July 31, 2004, for purposes of making any my time. of the Surface Transportation Extension Act estimate under section 9503(d) of the Internal Mr. OBERSTAR. Mr. Speaker, I yield of 2003 (117 Stat. 1121; 118 Stat. 490; 118 Stat. Revenue Code of 1986 of receipts of the High- myself such time as I may consume. 638) is amended— way Trust Fund, the Secretary of the Treas- Mr. Speaker, the late Ronald Reagan (A) by striking ‘‘June 30,’’ and inserting ury shall treat— ‘‘July 31,’’; and (1) each expiring provision of paragraphs was fond of saying, ‘‘Here we go (B) by striking ‘‘$748,634’’ and inserting (1) through (4) of section 9503(b) of such Code again.’’ This is the third act of a play ‘‘$833,333’’. which is related to appropriations or trans- that does not have a number of acts (d) CRASH CAUSATION STUDY.—Section 7(d) fers to such Fund to have been extended pinned to it yet. In fact, we are setting of such Act (117 Stat. 1121; 118 Stat. 490; 118 through the end of the 24-month period re- a record today. This will be the longest Stat. 638) is amended— ferred to in section 9503(d)(1)(B) of such Code, extension of a transportation bill while (1) by striking ‘‘$748,634’’ and inserting and working out a conference in recent ‘‘$833,333’’; and (2) with respect to each tax imposed under memory, at least in the last decade or (2) by striking ‘‘June 30’’ and inserting the sections referred to in section 9503(b)(1) ‘‘July 31’’. of such Code, the rate of such tax during the so. SEC. 10. EXTENSION OF AUTHORIZATION FOR 24-month period referred to in section Now, that is not any fault of anyone USE OF TRUST FUNDS FOR OBLIGA- 9503(d)(1)(B) of such Code to be the same as in this body. Certainly not of the chair- TIONS UNDER TEA–21. the rate of such tax as in effect on the date man. If the chairman had his way, we (a) HIGHWAY TRUST FUND.— of the enactment of the Surface Transpor- would have had this bill done 6 months (1) IN GENERAL.—Paragraph (1) of section tation Extension Act of 2003. to be at the $375 billion level. We will 9503(c) of the Internal Revenue Code of 1986 is The SPEAKER pro tempore. Pursu- amended— be building highways right now and (A) in the matter before subparagraph (A), ant to the rule, the gentleman from bridges and transit systems. We would by striking ‘‘July 1, 2004’’ and inserting ‘‘Au- Alaska (Mr. YOUNG) and the gentleman be investing in America. We would be gust 1, 2004’’, from Minnesota (Mr. OBERSTAR) each on our way to having 475,000 new jobs (B) by striking ‘‘or’’ at the end of subpara- will control 20 minutes. in the marketplace by Labor Day and graph (G), The Chair recognizes the gentleman $80 billion of economic activity in the (C) by striking the period at the end of sub- from Alaska (Mr. YOUNG). marketplace. We would have America paragraph (H) and inserting ‘‘, or’’, Mr. YOUNG of Alaska. Mr. Speaker, I back to work again if only the White (D) by inserting after subparagraph (H), yield myself such time as I may con- House would have listened to our chair- the following new subparagraph: sume. ‘‘(I) authorized to be paid out of the High- man. (Mr. YOUNG of Alaska asked and was And I must say, Mr. Speaker, I have way Trust Fund under the Surface Transpor- given permission to revise and extend tation Extension Act of 2004, Part III.’’, and the greatest admiration for our chair- (E) in the matter after subparagraph (I), as his remarks.) man for standing up to this adminis- Mr. YOUNG of Alaska. Mr. Speaker, added by this paragraph, by striking ‘‘Sur- tration saying what he thinks is right. the purpose of the H.R. 4635, the Sur- face Transportation Extension Act of 2004, I remember in days when we had a face Transportation Extension Act of Part II’’ and inserting ‘‘Surface Transpor- Democratic administration we were tation Extension Act of 2004, Part III’’. 2004 Part III is the continuation of the add odds with them. It was not pleas- (2) MASS TRANSIT ACCOUNT.—Paragraph (3) highway construction and highway ant, but one had to stand up for what of section 9503(e) of such Code is amended— safety transit, motor carrier, and sur- our committee position is and what we (A) in the matter before subparagraph (A), face transportation research programs believe is the right thing to do and we by striking ‘‘July 1, 2004’’ and inserting ‘‘Au- for an additional 10 months beyond the gust 1, 2004’’, did it. And the gentleman from Alaska (B) in subparagraph (E), by striking ‘‘or’’ end of fiscal year 2003. This is the fourth extension of the (Chairman YOUNG) has done so. And his at the end of such subparagraph, wisdom has been rejected. (C) in subparagraph (F), by inserting ‘‘, or’’ Transportation Equity Act of the 21st Century, which expired on September We should have had this conference at the end of such subparagraph, all done and completed with. It is all (D) by inserting after subparagraph (F) the 30, 2003. In September 2003, we extended following new subparagraph: these programs for 5 months until Feb- over one issue, how much are we will- ‘‘(G) the Surface Transportation Extension ruary 29, 2004. Since then, we have ing to invest in America in our trans- Act of 2004, Part III,’’, and passed two subsequent 2-month exten- portation and mobility, in reducing (E) in the matter after subparagraph (G), sions, STEA 2004, parts 1 and 2, and are congestion, improving productivity, as added by this paragraph, by striking now facing the expiration of the cur- moving America forward, reducing the ‘‘Surface Transportation Extension Act of cost of logistics in this country, that is 2004, Part II’’ and inserting ‘‘Surface Trans- rent extension on June 30. This extension will continue highway what we ought to be doing, instead of portation Extension Act of 2004, Part III’’. dragging our feet over this issue of fis- (3) EXCEPTION TO LIMITATION ON TRANS- transit and highway safety programs FERS.—Subparagraph (B) of section 9503(b)(5) for one more month until July 31, 2004. cal conservatism, some imagined effect of such Code is amended by striking ‘‘July 1, It is the hope of the conferees that H.R. upon the deficit. 2004’’ and inserting ‘‘August 1, 2004’’. 3550, the 6-year service transportation The Federal aid highway program (b) AQUATIC RESOURCES TRUST FUND.— reauthorization bill, that we will com- and transit program has no effect on (1) SPORT FISH RESTORATION ACCOUNT.— plete conference before the extension our deficit unless you engage in some Paragraph (2) of section 9504(b) of the Inter- expires. fanciful financing, some of which is in- nal Revenue Code of 1986 is amended by H.R. 4635 authorizes almost $27 bil- cluded in the bill that is the only bill striking ‘‘Surface Transportation Extension Act of 2004, Part II’’ each place it appears lion in contract authority to the that is now in conference. and inserting ‘‘Surface Transportation Ex- States to continue the core Federal aid We can resolve all of that. The Fed- tension Act of 2004, Part III’’. highway program. eral highway trust fund is derived from (2) BOAT SAFETY ACCOUNT.—Subsection (c) This bill also authorizes $6 billion to the revenues collected at the pump of section 9504 of such Code is amended— continued grants to transit agencies which traveling America pays. They

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.004 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4783 expect to get the return as they drive to go along with this Act III of a multi- needed funds can continue to flow to away from the pump in the form of im- act play extension and trust in the the States and so work on critical proved roads and transit systems and enormous fortitude of our chairman, transportation projects can move for- bridges and safety. And we have per- the advocate of what is right, as he has ward. formed. We have done that through the done right along, and advance the Mr. OBERSTAR. Mr. Speaker, I Surface Transportation Assistance Act cause of transportation in America; would like to inquire of the Chair how of 1982 and 1987 and ISTEA in 1991, but it is not going to be below the much time remains on both sides. TEA–21 in 1998 and we are prepared to House number, I tell my colleagues The SPEAKER pro tempore (Mr. do that with TEA–LU. that. OSE). The gentleman from Minnesota The investment for the next 6 years Mr. Speaker, I reserve the balance of (Mr. OBERSTAR) has 13 minutes remain- is at a level that the Department of my time. ing. The gentleman from Alaska (Mr. Transportation, not this committee, Mr. YOUNG of Alaska. Mr. Speaker, I YOUNG) has 151⁄2 minutes remaining. selected, the one that they studied as yield such time as he may consume to Mr. OBERSTAR. Mr. Speaker, I yield 1 directed by TEA–21 to assess pavement the gentleman from Wisconsin (Mr. 2 ⁄2 minutes to the gentleman from Or- condition, congestion, bridge condi- PETRI), the chairman of the sub- egon (Mr. BLUMENAUER). Mr. BLUMENAUER. Mr. Speaker, I tions, safety needs and investment re- committee that wrote this bill. appreciate the gentleman’s courtesy, quirements for the future, and they Mr. PETRI. Mr. Speaker, I thank my chairman for the time, and I assure my and I appreciate his leadership. came back with this figure of $375 bil- We have another extension, another lion. senior minority leader on the committee that it is often darkest before opportunity to do it right for America. We took them at their word. We held We need to send signals to the vast the dawn, and I think there will be a hearings on it. We traveled around the team that builds, maintains, and re- dawn before long for transportation in country. We went to congested areas of pairs our infrastructure, to say nothing America. I certainly hope so. One way great need in America by holding pub- of the American people who own it and or another, we will meet our Nation’s lic meetings, committee hearings. We who use it and who depend upon it needs. validated that figure. We reported it every day. I rise in support of this bill to extend out of our committee. With 74, 75 mem- The bill in question goes far beyond to July 30 current highway transit and bers, that does not get anymore bipar- bridges, bikes, and buses. It includes tisan than that. highway safety programs. We have historic preservation, key environ- And I have said it many times, how done it several times in the past. We mental and economic revitalization for can it be a political detriment to the are bringing this bill to the floor today cities large and small, for suburbs and President if the Democrats in the in order to ensure that these programs rural areas. House, Democrats in the Senate all continue to function and that funds be I hope that our conference committee stand side by side with the Republicans made available to the States while will reject the White House insistence and vote for this bill, a robust invest- House and Senate conferees proceed on somehow using this bill to atone for ment in the needs of America, in trans- with negotiations on a long-term bill. their budget problems and the sea of portation, in mobility, in reducing the Mr. Speaker, it is important we have red ink that we are faced with with the cost of logistics. If we all stand shoul- a multiyear bill that provides adequate deficit. der to shoulder, that is not a partisan and needed resources to invest in our The $318 billion that was the bill issue. That is not a slur on the Presi- Nation’s transportation systems. In funding level from the other body is a dent. preparation for this reauthorization ef- start to keep faith with the American fort, I and many of my colleagues on b 1145 public’s needs and aspirations. I would the Committee on Transportation and hope that our conference committee, in There is no way he could be criticized Infrastructure, as has been pointed out, the course of this next month, will hold for signing such a bill, and we are pre- traveled to meetings with Governors, strong, to set the level for what Amer- pared to say this is the right thing to mayors, local officials all across our ica needs, the bill that was so effec- do. We have said it. So let us get on country. Each of them showed us the tively championed by our committee with this. pressing transportation needs that chairman and ranking member. The Now, there are discussions, back their cities and States have in order to $375 billion, after all, was not plucked door, called it in one meeting kind of a improve safety, reduce congestion, and out of the air. This was the figure that Kabuki dance, wearing a mask, putting provide for a first-class transportation the administration’s own Department on a uniform and doing this dance, and network that is essential for economic of Transportation set as the needed we are supposed to understand what is growth and opportunity. level. happening behind the dance. On our There are many demands being There is, I suppose, an opportunity side, we are not participants in that placed upon us as we seek to reauthor- for some sort of mechanism of a re- dance. We do not know what that num- ize TEA–21. Donor States want to see opener. It may well be that we reach a ber is going to come out of that dance, improvement in their rate of return on point where these demands between the but so far the numbers are not good. Federal highway dollars. Members White House and what America needs We did the right thing in this Com- from States with trade corridors want and what various constituencies within mittee on Transportation and Infra- to see adequate investment to con- this House require, that maybe we just structure. We agreed to scale back the struct needed roads like I–69, I–49 and decide that we kick the can down the 375, bring a smaller dollar amount to Ports-to-Planes, to name only a few. road until after the election. But this the House floor, with a wink from the Cities and States that need to com- is one area that we cannot afford to leadership that if we bring this bill plete massive projects, such as the fail. through the House, go to conference, multibillion dollar viaduct project in We are not just talking about the that number will go up from the House Seattle or the rail consolidation next 6 years of reauthorization. We are figure. Nominally 275, actually 284, it project in Chicago, find themselves talking about a funding level, if we are will get up there to $300 billion, maybe overwhelmed by their financial costs not careful, that will establish a floor even beyond; and I give the Speaker and are seeking Federal help, and al- for the next generation where we will enormous credit because he under- most every Member of this body has be playing catch-up. stands what we need to do for America, approached the committee regarding I appreciate the leadership of the for our mobility, to reduce congestion, pressing transportation projects that chairman, of the ranking member, and create jobs. He understands that. He are crucial in their district. the conference committee. I wish them has argued. He has been an advocate at All of these are legitimate goals, but well, and I hope that when we come the White House. He has been turned we must have the resources if we are, back next that we will have the bill down. in fact, to respond. that America deserves. So now we are at that point in con- As we continue negotiations to re- Mr. YOUNG of Alaska. Mr. Speaker, I ference, and the wink is like the Chesh- solve these and other questions, I urge yield myself such time as I may con- ire cat’s smile, fading. So we are going the approval of this extension so that sume.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.060 H23PT1 H4784 CONGRESSIONAL RECORD — HOUSE June 23, 2004 I thank the gentleman for his com- ery. We cannot have just-in-time deliv- terways, our coastal ports, our inland ments and especially the gentleman ery when we have to divert a truck for ports, our St. Louis seaway, our pas- from Minnesota (Mr. OBERSTAR) for his 2 or 300 miles because of a failing senger rail system, transit ways, bus comments. I can assure him there will weight-limited bridge, as exists all ways, our airports, airways, Corps of not be any less out of this conference over the country; and a number of Engineer works, the water and sewer than we passed in the House, and I am bridges are in that condition on Inter- system needs of America, Economic praying that there will be more. state 5 in my State. Development Administration creating It is ironic that when we meet with It is about livability. It is about deal- jobs. The Tennessee Valley Authority the other side of the aisle, I know I am ing with congestion, management, comes under the jurisdiction of our not supposed to mention that, I want movement of people; and it is also committee. their number, and we are suggesting about jobs, and that is a very impor- that maybe their number is correct, tant part of this debate that we cannot b 1200 but I am faced with a very difficult leave out. task now of bringing a third party into The difference between the number Airport, airways, safety of air traffic this agreement; and I am not giving up being asked at the White House and the control system, everything this com- on this legislation. I think it is vitally number put forward by the chairman, mittee does is involved in building important for the Nation. supported by, I believe, every other America, investing in our productivity, I think if we stand together shoulder member of the Committee on Trans- investing in logistics, the cost of mov- to shoulder that we will eventually portation and Infrastructure, figures ing people and goods. Because of those prevail. If we do not, it will be a ter- out to about 1 million jobs a year over investments, we have improved the rible disservice to this Nation as far as 6 years. For every billion dollars we in- marketplace in America. our transportation, not wants, but vest in the infrastructure of this coun- In 1987, the cost of logistics, moving needs; and I want to stress that. try, transportation infrastructure, it people and goods, was 17 percent of our I believe, Mr. Speaker, that when I yields about 47,000 jobs, direct con- gross domestic product. In 1987. Last first came out 3 years ago for $375 bil- struction jobs, small business sup- year, the cost of logistics was under 10 lion I was correct then. I am more cor- pliers, and spillover effects into our percent. That is a $700 billion gain in rect now, and I will be more correct in communities. productivity in logistics, moving peo- the future. It is a number that we need So the difference in the number, and ple and goods in the American econ- to solve this very serious problem. We I hope they are listening down at the omy, society and marketplace. That is all know, and anybody on this floor White House, is 1 million jobs a year a huge productivity gain. The stock that has constituents knows, that the over 6 years. Now, why can we not get market does not make that kind of one issue we all share in common is not there? A lot of people do not seem to gain. But we do, with the investments the necessary fear of terrorism. That is know about the Highway Trust Fund. that we make in this committee that very serious in itself, but it is the con- We have a very robust Highway Trust stimulate the national economy. stant problem of moving oneself, be it Fund and a substantial balance. We can Now, when we talk about investment their children or himself or herself, to spend down some of that balance. We in surface transportation, think of the and from the home, to school or to can capture the ethanol money that is Romans and the Appian Way, the clas- work, and to receive goods on time, being used to subsidize that product of sic roadway built that is still there and we have to understand that; and dubious value. We could look at bond- 2,000 years later. If we do not continue the public is crying out, let us solve ing. We could do all of this without in- to improve, continue to invest, con- this problem, and they are willing to creasing taxes. We could get to a much tinue to tend to the needs of transpor- pay for it. higher number, even a number higher tation, our roadways are not going to I have lost that battle now, but in than that in the United States Senate; last for 2,000 years. They will not even the House bill my colleagues are well but minimally, I would hope that that last for 25 or 30 years. Airport runways aware we have a reopening clause, and is where we can end up in these nego- are supposed to last for 25 years, and I am going to continue the pursue, and tiations. then suddenly they begin to deterio- I am confident that the public finally It has been 9 months, 9 months that rate. That is why we have to continue will raise up and say let us fix it. This we have been acting under temporary to invest in the Airport Improvement extension gives us some time. I am legislation that does not allow us to Program, to keep America flying, keep hoping we will not have to ask for an- fully address the needs of this country our economy moving. And the same other, but let us fix the problem of this and increase the investment in our in- with our surface transportation needs. transportation challenge we have in frastructure. Nine months is too long. We have the key to doing it in the this Nation. Let us do it quicker than Let us not let it go beyond this one $375 billion. And when that bill was in- later. more temporary extension. Let us get a troduced in the House last year, the Mr. Speaker, I reserve the balance of robust bill this summer before Con- price of gasoline was $1.34 a gallon. my time. gress leaves for its August recess. Now, it is, in some places, as much as Mr. OBERSTAR. Mr. Speaker, I yield I thank the gentleman for yielding $2.24 a gallon. And where is that 70, 80 3 minutes to the gentleman from Or- the time. cents going? It is not staying in Amer- egon (Mr. DEFAZIO). Mr. OBERSTAR. Mr. Speaker, can I ica. It is going overseas. Going to Mr. DEFAZIO. Mr. Speaker, I thank inquire of my chairman whether he has OPEC. We are not getting the benefit the ranking member for the time. any other speakers. from it, except that you can power Well, as the chairman said, he is al- Mr. YOUNG of Alaska. Not at this your automobile. But if we had passed most always correct, and he was cer- time; I do not believe I will. our bill with the 5 cent increase in the tainly correct with the number of $375 Mr. OBERSTAR. Mr. Speaker, I yield user fee, we would be making those in- billion. It was confirmed by our own myself such time as I may consume. I vestments right now. We would have Federal Department of Transportation. will make a few remarks and close and people working improving our road- This is an essential investment. This yield back, and I thank the gentlemen ways, reducing congestion. We can do is an investment. There are a lot of from Oregon for their remarks. I appre- it. things we do around here where we are ciate their support all along, and I ap- Every 5-minute delay experienced by spending money. We do not see a real preciate the leadership, once again I United Parcel Service costs $40 million product, but in this case it is an invest- want to say, I cannot say it often nationwide. Multiply that cost over ment in the future of our country. As enough, of our chairman who has stood and you get to the $68 billion cost of the chairman said, it has to do with up against remarkable odds. congestion in just the 75 major metro- our economic competitiveness. The term that we use in this com- politan area in the country. That is We are concerned about the economy mittee, ‘‘investment,’’ is the way to de- why we need to do this legislation. and the need to put people back to scribe what our committee is all about. That is why we need this bill passed work and competitiveness in our busi- This is a committee about building and why we need the Chairman’s lead- nesses. This is about just-in-time deliv- America, whether it is our inland wa- ership in the conference.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.029 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4785 I want to stand for the reopener, I ing means to people outside of the beltway. A TITLE I—UNITED STATES INTERNATIONAL want to stand for the more robust in- six year $318 billion transportation reauthor- LEADERSHIP vestment we passed in the House, and I ization bill is supported by local leaders na- SEC. 101. FINDINGS. want to see this 30-day extension, this tionwide. It has been endorsed by the National The Congress makes the following findings: record-breaking extension passed. Association of Counties, National League of (1) Decisions at many international organi- Mr. Speaker, I yield back the balance zations and other multilateral institutions, Cities, United Conference of Mayors, Amer- including membership and key positions, re- of my time. ican Public Works Association, Association of main subject to determinations made by re- Mr. YOUNG of Alaska. Mr. Speaker, I Metropolitan Planning Organizations, National gional groups where democratic states are yield myself such time as I may con- Association of County Engineers, National As- often in the minority and where there is in- sume. sociation of Development Organizations, and tensive cooperation among repressive re- I was listening to the gentleman the National Association of Regional Councils. gimes. As a result, the United States has speak on the issue about the needs for Finally, it is important to remember that a often been blocked in its attempts to take a user fee, and he is absolutely right. large price tag on transportation reauthoriza- action in these institutions to advance its Again, I hope the American public will tion does not mean adding to the deficit. This goals and objectives, including at the United speak out, because every day that it Nations Human Rights Commission (where a bill is funded through the Highway Trust Fund representative of Libya was elected as chair- goes up higher, I believe last year it and any measures not fully offset in the Sen- man and the United States temporarily lost was $2.55 for the premium gas, it is now ate version can be addressed in conference. If a seat). $2.25 for regular, none of that goes into Members—both Democrat and Republican, (2) In order to address these shortcomings, the highway construction. It goes over- both House and Senate—are serious about the United States must actively work to im- seas. Unless people like supporting jump starting the economy for working Ameri- prove the workings of international organi- those countries who are not friendly to cans and putting Americans back to work we zations and multilateral institutions, par- us, those countries that take our dol- must enact the six year $318 billion reauthor- ticularly by creating a caucus of democratic lars and use them for terrorism pur- countries that will advance United States in- ization now. terests. In the second Ministerial Conference poses, maybe unknowingly, I hope the I urge leadership on both sides of the aisle of the Community of Democracies in Seoul, American public will wake up and say in both chambers to set the politics aside and Korea, on November 10–20, 2002, numerous enough is enough. If we have to spend do what is right for America. Let’s bring this countries recommended working together as this on fuel, then let us spend it in conference report to the floor immediately. a democracy caucus in international organi- America. Let’s pass it and send it to the President. zations such as the United Nations and en- So I compliment the gentleman for Mr. YOUNG of Alaska. Mr. Speaker, I suring that international and regional insti- his comments and the concept that we yield back the balance of my time. tutions develop and apply democratic stand- will continue to talk about, which are The SPEAKER pro tempore (Mr. SIM- ards for member states. the needs. Again, I want to stress, not MONS). The question is on the motion SEC. 102. ESTABLISHMENT OF A DEMOCRACY CAUCUS. offered by the gentleman from Alaska the ‘‘wants,’’ contrary to what you (a) IN GENERAL.—The President of the may read, but the ‘‘needs.’’ So I do (Mr. YOUNG) that the House suspend United States, acting through the Secretary compliment the gentleman. the rules and pass the bill, H.R. 4635. of State and the relevant United States Mr. RUPPERSBERGER. Mr. Speaker, I rise The question was taken. chiefs of mission, shall seek to establish a in support of the Surface Transportation Ex- The SPEAKER pro tempore. In the democracy caucus at the United Nations, the tension Act before us today. I realize another opinion of the Chair, two-thirds of United Nations Human Rights Commission, extension is needed to keep the process mov- those present have voted in the affirm- the United Nations Conference on Disar- ing forward. But I think we need to stop voting ative. mament, and at other broad-based international organizations. on extensions and solve the greater issue of Mr. OBERSTAR. Mr. Speaker, on that I demand the ‘‘yeas’’ and ‘‘nays’’. (b) PURPOSES OF THE CAUCUS.—A democ- passing a 6-year transportation reauthorization racy caucus at an international organization bill with enough funding behind it to put people The ‘‘yeas’’ and ‘‘nays’’ were ordered. should— back to work all across America. The SPEAKER pro tempore. Pursu- (1) forge common positions, including, as The transportation infrastructure is critical to ant to clause 8 of rule XX and the appropriate, at the ministerial level, on mat- America for several reasons. First, our entire Chair’s prior announcement, further ters of concern before the organization and interstate highway system was created by proceedings on this motion will be work within and across regional lines to pro- President Eisenhower as a national security postponed. mote agreed positions; (2) work to revise an increasingly out- f safety measure and that remains a priority moded system of regional voting and deci- today. Second, Americans rely on roads, GENERAL LEAVE sion making; and bridges and tunnels to live their lives each and Mr. YOUNG of Alaska. Mr. Speaker, I (3) set up a rotational leadership scheme to every day. We use them to get to and from provide member states an opportunity, for a ask unanimous consent that all Mem- work, to travel on vacation, and to visit friends set period of time, to serve as the designated bers may have 5 legislative days in and family. Third, and most important today, president of the caucus, responsible for serv- which to revise and extend their rebuilding and maintaining our transportation in- ing as its voice in each organization. marks and include extraneous material frastructure means creating jobs all across SEC. 103. ANNUAL DIPLOMATIC MISSIONS ON on H.R. 4635, the bill just considered. MULTILATERAL ISSUES. America—over 2 million jobs that cannot be The SPEAKER pro tempore. Is there The Secretary of State, acting through the outsourced. Jobs to the cities, counties, towns objection to the request of the gen- principal officers responsible for advising the and states throughout this nation that are vi- tleman from Alaska? Secretary on international organizations, tally needed. There was no objection. shall ensure that a high-level delegation The construction industry is a key pillar to from the United States Government, on an any economic recovery providing the much f annual basis, is sent to consult with key for- needed stimulus for thousands of related in- UNITED STATES INTERNATIONAL eign governments in every region in order to dustry jobs. Unlike other important issues, LEADERSHIP ACT OF 2004 promote the United States agenda at key transportation requires long-term planning and international fora, such as the United Na- Ms. ROS-LEHTINEN. Mr. Speaker, I tions General Assembly, United Nations investments to keep the nation moving effi- move to suspend the rules and pass the Human Rights Commission, the United Na- ciently and safely. Short term extensions inter- bill (H.R. 4053) to improve the workings tions Education, Science, and Cultural Orga- rupt that planning. Two-year funding commit- of international organizations and mul- nization, and the International Whaling ments threaten to destroy plans. This nation tilateral institutions, and for other Commission. needs Congress to act now, to pass the bi- purposes. SEC. 104. LEADERSHIP AND MEMBERSHIP OF partisan compromise of a $318 billion funding The Clerk read as follows: INTERNATIONAL ORGANIZATIONS. (a) UNITED STATES POLICY.—The President, level for a six-year bill. Anything less will only H.R. 4053 short change the nation and keep Americans acting through the Secretary of State and Be it enacted by the Senate and House of Rep- the relevant United States chiefs of mission, out of work. resentatives of the United States of America in shall use the voice, vote, and influence of the Pushing for a conference report that pro- Congress assembled, United States to— vides the bill America needs should not be SECTION 1. SHORT TITLE. (1) where appropriate, reform the criteria about partisan politics. As a former county ex- This Act may be cited as the ‘‘United for leadership and, in appropriate cases for ecutive, I understand what transportation fund- States International Leadership Act of 2004’’. membership, at all United Nations bodies

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.065 H23PT1 H4786 CONGRESSIONAL RECORD — HOUSE June 23, 2004 and at other international organizations and ed by this subtitle) have training described the advice and consent of the Senate and multilateral institutions to which the in such section. shall have the rank of Ambassador-at-Large. United States is a member so as to exclude (c) CONFORMING AMENDMENTS.—Section 708 At the discretion of the President another nations that violate the principles of the spe- of such Act is further amended— official at the Department may serve as the cific organization; (1) In subsection (a) by striking ‘‘(a) The’’ special representative. The President may (2) make it a policy of the United Nations and inserting ‘‘(a) TRAINING ON HUMAN direct that the special representative report and other international organizations and RIGHTS.—The’’; and to the Assistant Secretary for International multilateral institutions, of which the (2) In subsection (b) by striking ‘‘(b) The’’ Organizations. United States is a member, that a member and inserting ‘‘(b) TRAINING ON REFUGEE LAW (c) STAFFING.—The special representative state may not stand in nomination or be in AND RELIGIOUS PERSECUTION.—The’’. shall have a staff of foreign service and civil rotation for a leadership position in such SEC. 106. PROMOTING ASSIGNMENTS TO INTER- service officers skilled in multilateral diplo- bodies if the member state is subject to sanc- NATIONAL ORGANIZATIONS. macy. (a) PROMOTIONS.— tions imposed by the United Nations Secu- (d) DUTIES.—The special representative rity Council; and (1) IN GENERAL.—Section 603(b) of the For- shall have the following responsibilities: eign Service Act of 1980 (22 U.S.C. 4003) is (3) work to ensure that no member state (1) IN GENERAL.—The primary responsi- stand in nomination or be in rotation for a amended by striking the period at the end bility of the special representative shall be leadership position in such organizations, or and inserting: ‘‘, and shall consider whether to assist in the organization of, and prepara- for membership of the United Nations Secu- the member of the Service has served in a tion for, United States participation in mul- rity Council, if the member state is subject position whose primary responsibility is to tilateral negotiations, including the advo- to a determination under section 620A of the formulate policy towards or represent the cacy efforts undertaken by the Department Foreign Assistance Act of 1961, section 40 of United States at an international organiza- of State and other United States agencies. tion, a multilateral institution, or a broad- the Arms Export Control Act, or section 6(j) (2) ADVISORY ROLE.—The special represent- of the Export Administration Act. based multilateral negotiation of an inter- ative shall advise the President and the Sec- (b) REPORT TO CONGRESS.—Not later than national instrument.’’. retary of State, as appropriate, regarding ad- 15 days after a country subject to a deter- (2) EFFECTIVE DATE.—The amendment vocacy at international organizations and mination under section 620A of the Foreign made by paragraph (1) shall take effect Janu- multilateral institutions and negotiations Assistance Act of 1961, section 40 of the Arms ary 1, 2011. and, in coordination with the assistant Sec- (b) ESTABLISHMENT OF A MULTILATERAL DI- Export Control Act, or section 6(j) of the Ex- retary of State for international organiza- PLOMACY CONE IN THE FOREIGN SERVICE.— port Administration Act of 1979 is selected tional affairs, shall make recommendations (1) FINDINGS.—Congress finds the following: for a leadership post in an international or- regarding— ganization of which the United States is a (A) The Department of State maintains a (A) effective strategies (and tactics) to member or a membership of the United Na- number of United States missions both with- achieve United States policy objectives at tions Security Council, the Secretary of in the United States and abroad that are multilateral negotiations; State shall submit to the appropriate con- dedicated to representing the United States (B) the need for and timing of high level gressional committees a report on any steps to international organizations and multilat- intervention by the President, the Secretary taken pursuant to subsection (a)(3). eral institutions, including missions in New of State, the Deputy Secretary of State, and York, Brussels, Geneva, Rome, Montreal, SEC. 105. INCREASED TRAINING IN MULTILAT- other United States officials to secure sup- ERAL DIPLOMACY. Nairobi, Vienna, and Paris, and which are report from key foreign government officials (a) TRAINING PROGRAMS.—Section 708 of the sponsible for United States representation to for the United States position at such orga- Foreign Service Act of 1980 (22 U.S.C. 4028) is the United Nations Economics, Scientific nizations, institutions, and negotiations; amended by adding after subsection (b) the and Cultural Organization (UNESCO) and the (C) the composition of United States dele- following new subsection: Organization on Economic Cooperation and gations to multilateral negotiations; and ‘‘(c) TRAINING IN MULTILATERAL DIPLO- Development (OECD). (D) liaison with Congress, international or- MACY.— (B) In offices at the Harry S. Truman ganizations, nongovernmental organizations, ‘‘(1) IN GENERAL.—The Secretary shall es- Building, the Department maintains a sig- and the private sector on matters affecting tablish a series of training courses for offi- nificant number of positions in bureaus that multilateral negotiations. cers of the Service, including appropriate are either dedicated, or whose primary re- (3) DEMOCRACY CAUCUS.—The special rep- chiefs of mission, on the conduct of diplo- sponsibility is, to represent the United resentative, in coordination with the Assist- macy at international organizations and States to such organizations and institutions ant Secretary for International Organiza- other multilateral institutions and at broad- or at multilateral negotiations. tional Affairs, shall ensure the establish- based multilateral negotiations of inter- (C) Given the large number of positions in ment of a democracy caucus. national instruments. the United States and abroad that are dedi- (4) ANNUAL DIPLOMATIC MISSIONS OF MULTI- ‘‘(2) PARTICULAR PROGRAMS.—The Sec- cated to multilateral diplomacy, the Depart- LATERAL ISSUES.—The special representative, retary shall ensure that the training de- ment of State may be well served in devel- in coordination with the Assistant Secretary scribed in paragraph (1) is provided at var- oping persons with specialized skills nec- for International Organizational Affairs, ious stages of the career of members of the essary to become experts in this unique form shall organize annual diplomatic missions to service. in particular, the Secretary shall en- of diplomacy. appropriate foreign countries to conduct sure that after January 1, 2006— (2) REPORT.—Not later than 180 days after consultations between principal officers re- ‘‘(A) officers of the Service receive training the date of the enactment of this Act, the sponsible for advising the Secretary of State on the conduct of diplomacy at international Secretary shall submit to the appropriate on international organizations and high- organizations and other multilateral institu- congressional committees a report— level representatives of the governments of tions and at broad-based multilateral nego- (A) evaluating whether a new cone should such foreign countries to promote the United tiations of international instruments as part be established for the Foreign Service that States agenda at the United Nations General of their training upon entry of the Service; concentrates on members of the Service that Assembly and other key international fora and serve at international organizations and (such as the United Nations Human Rights ‘‘(B) officers of the Service, including multilateral institutions or are primarily re- Commission). chiefs of mission, who are assigned to United sponsible for participation in broad-based (5) LEADERSHIP AND MEMBERSHIP OF INTER- States missions representing the United multilateral negotiations of international NATIONAL ORGANIZATIONS.—The special rep- States to international organizations and instruments; and resentative, in coordination with the Assist- other multilateral institutions or who are (B) provides alternative mechanisms for ant Secretary of International Organiza- assigned in Washington, D.C., to positions achieving the objective of developing a core tional Affairs, shall direct the efforts of the that have as their primary responsibility for- group of United States diplomats and other United States Government to reform the cri- mulation of policy towards such organiza- government employees who have expertise teria for leadership and membership of inter- tions and institutions or towards participa- and broad experience in conducting multilat- national organizations as described in section in broad-based multilateral negotia- eral diplomacy. tion 104. tions of international instruments receive SEC. 107. IMPLEMENTATION AND ESTABLISH- (6) PARTICIPATION IN MULTILATERAL NEGO- specialized training in the areas described in MENT OF OFFICE ON MULTILAT- paragraph (1) prior to beginning of service ERAL NEGOTIATIONS. TIATIONS.—The special representative, or for such assignment or, if receiving such (a) ESTABLISHMENT OF OFFICE.—The Sec- members of the special representative’s training at that time is not practical, within retary of State is authorized to establish, staff, may, as required by the President or the first year of beginning such assign- within the Bureau of International Organiza- the Secretary of State, serve on a United ment.’’. tional Affairs, an Office on Multilateral Ne- States delegation to any multilateral nego- (b) TRAINING FOR CIVIL SERVICE EMPLOY- gotiations to be headed by a Special Rep- tiation. EES.—The Secretary shall ensure that em- resentative for Multilateral Negotiations (in (e) REPORT.—Not later than 180 days after ployees of the Department of State that are this section referred to as the ‘‘special rep- the date of the enactment of this Act, the members of the civil service and that are as- resentative’’). Secretary of State shall submit a plan to es- signed to positions described in section 708(c) (b) APPOINTMENT.—The special representa- tablish a democracy caucus to the appro- of the Foreign Service Act of 1980 (as amend- tive shall be appointed by the President with priate congressional committees. The report

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.008 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4787 required by section 106(b)(2) may be sub- SEC. 203. COMBATTING THE PIRACY OF UNITED ment of an Office on Multilateral Nego- mitted together with the report under this STATES COPYRIGHTED MATERIALS. tiations, which will facilitate U.S. par- (a) AUTHORIZATION OF APPROPRIATIONS.—In subsection. ticipation in these negotiations. SEC. 108. DEFINITION. addition to such amounts as may otherwise be authorized to be appropriated for such This bill also encourages the Sec- In this title, the term ‘‘appropriate con- retary of State to establish a Democ- gressional committees’’ means the Com- purpose, there are authorized to be appro- mittee on International Relations of the priated for the Department of State, racy Caucus at the United Nations to House of Representatives and the Committee $10,000,000 to carry out the following activi- forge common positions and work to on Foreign Relations of the Senate. ties in countries that are not members of the update regional voting schemes. Organization for Economic Cooperation and TITLE II—MISCELLANEOUS PROVISIONS Mr. Speaker, as a former chair of the Development (OECD): SEC. 201. REPORTS RELATING TO MAGEN DAVID Subcommittee on International Oper- (1) Provision of equipment and training for ations and Human Rights, I witnessed ADOM SOCIETY. foreign law enforcement, including in the in- (a) FINDINGS.—Section 690(a) of the Foreign terpretation of intellectual property laws. firsthand the negative dynamics devel- Relations Authorization Act, Fiscal Year (2) Training for judges and prosecutors, in- oping in international fora and the 2003 (Public Law 107–228) is amended by add- cluding in the interpretation of intellectual need for freedom-loving Democratic ing at the end the following: property laws. nations to join together to offset these ‘‘(5) Since the founding of the Magen David (3) Assistance in complying with obliga- negative destructive patterns. Some of Adom in 1930, the American Red Cross has tions under appropriate international copy- the steps outlined in this Act could go regarded it as a sister national society forg- right and intellectual property treaties and ing close working ties between the two soci- a long way to better represent the in- agreements. terests and the concerns of these eties and has consistently advocated recogni- (b) CONSULTATION WITH WORLD INTELLEC- tion and membership of the Magen David TUAL PROPERTY ORGANIZATION.—In carrying Democratic countries. Adom in the International Red Cross and out subsection (a), the Department of State This measure moved smoothly Red Crescent Movement. should make every effort to consult with, through the Committee on Inter- ‘‘(6) The American Red Cross and Magen and provide appropriate assistance to, the national Relations, and I encourage my David Adom signed an important memo- World Intellectual Property Organization to colleagues to vote ‘‘yes’’ on the pas- randum of understanding in November 2002, promote the integration of non-OECD coun- sage. outlining areas for strategic collaboration, tries into the global intellectual property Mr. Speaker, I reserve the balance of and the American Red Cross will encourage system. other societies to establish similar agree- my time. ments with Magen David Adom.’’. The SPEAKER pro tempore. Pursu- Mr. LANTOS. Mr. Speaker, I yield (b) SENSE OF CONGRESS.—Section 690(b) of ant to the rule, the gentlewoman from myself such time as I may consume. such Act is amended— Florida (Ms. ROS-LEHTINEN) and the Let me first pay tribute to my dear (1) in paragraph (3) after the semicolon by gentleman from California (Mr. LAN- friend, the gentlewoman from Florida striking ‘‘and’’; TOS) each will control 20 minutes. (Ms. ROS-LEHTINEN), for her effective (2) by redesignating paragraph (4) as para- The Chair recognizes the gentle- leadership on this issue, as well as to graph (5); and woman from Florida (Ms. ROS- (3) by inserting after paragraph (3) the fol- the distinguished chairman of the Com- lowing new paragraph: LEHTINEN) mittee on Rules, my fellow Californian ‘‘(4) the High Contracting Parties to the GENERAL LEAVE (Mr. DREIER), and the chairman of our Geneva Conventions of August 12, 1949, Ms. ROS-LEHTINEN. Mr. Speaker, I committee, the Committee on Inter- should adopt the October 12, 2000, draft addi- ask unanimous consent that all Mem- national Relations, the gentleman tional protocol which would accord inter- bers may have 5 legislative days in from Illinois (Mr. HYDE). national recognition to an additional dis- which to revise and extend their re- Mr. Speaker, I rise in strong support tinctive emblem; and’’. marks and to include extraneous mate- of this legislation. Just a few short (c) REPORT.—Section 690 of such Act is further amended by adding at the end the fol- rial on H.R. 4053, the bill under consid- weeks ago, the members of a key lowing: eration. United Nations committee gathered in ‘‘(c) REPORT.—Not later than 60 days after The SPEAKER pro tempore. Is there New York to make a critically impor- the date of the enactment of the United objection to the request of the gentle- tant decision related to internation- States International Leadership Act of 2004, woman from Florida? ally-recognized human rights. They and annually thereafter, the Secretary of There was no objection. met to determine next year’s member- State shall submit a report, on a classified Ms. ROS-LEHTINEN. Mr. Speaker, I ship in the United Nations Human basis if necessary, to the appropriate con- yield myself such time as I may con- Rights Commission. gressional committees describing— ‘‘(1) efforts by the United States to obtain sume. Shockingly, when Africa’s turn came full membership for the Magen David Adom Mr. Speaker, I ask that all my col- to nominate its candidate, they un- in the International Red Cross Movement; leagues support H.R. 4053, the United veiled their choice: Sudan, a country ‘‘(2) efforts by the International Com- States International Leadership Act of which is currently engaged in a brutal mittee of the Red Cross to obtain full mem- 2004. This bill was introduced by my campaign of ethnic cleansing in the bership for the Magen David Adom in the distinguished colleague and ranking Darfur region, where thousands and International Red Cross Movement; Democratic member of the House Com- thousands of innocent men, women, ‘‘(3) efforts of the High Contracting Parties mittee on International Relations, and and children have lost their lives in an to the Geneva Convention of 1949 to adopt a dear friend of mine, the gentleman the October 12, 2000, draft additional pro- orgy of assassinations. tocol; and from California (Mr. LANTOS), who was Mr. Speaker, it is outrageous that ‘‘(4) the extent to which the Magen David joined by the chairman of the Com- the government of a totalitarian re- Adom of Israel is participating in the activi- mittee on Rules, the gentleman from gime, currently engaged in the mass ties of the International Red Cross and Red California (Mr. DREIER), in advancing slaughter of its own citizens, would be Crescent Movement.’’. this idea of boosting U.S. diplomatic entrusted with protecting human SEC. 202. VOLUNTARY CONTRIBUTION TO ORGA- leadership within multilateral organi- rights elsewhere across the globe. NIZATION OF AMERICAN STATES. zations. Properly, the United States delegation There are authorized to be appropriated On a daily basis, the U.S. is partici- $2,000,000 for a United States voluntary con- simply walked out of the meeting in tribution to the Organization of American pating in a wide range of multilateral disgust. States for the Inter-American Committee organizations, and this requires a While I am a supporter of the United Against Terrorism (CICTE) to identify and strong, well-trained diplomatic corps. Nations, Mr. Chairman, for too many develop a port in the Latin American and There are also times when high profile years we have allowed the delibera- Caribbean region into a model of best secu- issues are being debated within the tions of the U.N. General Assembly, rity practices and appropriate technologies U.N. Security Council, and those de- the Human Rights Commission in Ge- for improving port security in the Western mand astute and skillful negotiators. neva, and many other critical multilat- Hemisphere. Amounts authorized to be ap- This bill strengthens the U.S. diplo- eral bodies to be polluted by the machi- propriated under this section are authorized to remain available until expended and are matic representatives in multilateral nations of rogue regimes. Despite the in addition to amounts otherwise available situations, it encourages participation fact that the Cold War ended over 10 to carry out section 301 of the Foreign As- of foreign service officers in such posi- years ago, spurring a new wave of de- sistance Act of 1961 (22 U.S.C. 2221). tions, and it authorizes the establish- mocratization across much of the

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.008 H23PT1 H4788 CONGRESSIONAL RECORD — HOUSE June 23, 2004 globe, authoritarian regimes still Our leadership act will force the De- very good read. There are additional maintain a chokehold on key decisions partment of State to practice effective views. It goes through some other at the United Nations. Working U.N. diplomacy. In coordination with items in here; but basically the report through the so-called Non-aligned our democratic partners, it will make itself, along with the conclusions, are Movement, authoritarian and dictato- it a much higher priority. about 25 pages. rial regimes control the regional group Mr. Speaker, there is no reason why And, again, it includes in it items caucuses in Africa, Asia, and some new democracies in Latin America and that the gentleman from California other parts of the world that form com- Asia and Africa should continue to (Mr. LANTOS) has just discussed. This mon positions on United Nations issues vote with the likes of Cuba and the concept of pursuing a democracy cau- and nominate candidate countries for Sudan. An effective democracy caucus cus, something that is very important leadership positions. will help states like Chile and Bot- for us to ensure that it is nations that Sudan’s accession to the Human swana and Thailand to have a positive are committed to self-determination, Rights Commission was only the latest alternative to mindless solidarity with political pluralism, the rule of law, example of a broken system which fa- authoritarian regimes. those things that we have a tendency vors rotten regimes. Three years ago, I urge all of my colleagues to support to take for granted here in the United the world’s leading human rights abus- H.R. 4053. States that should be the true leaders ers came together to unceremoniously Mr. Speaker, I reserve the balance of within that very basic concept of the vote the United States off the Human my time. United Nations, and that is why this Rights Commission in Geneva. As a re- Ms. ROS-LEHTINEN. Mr. Speaker, I restructuring, the role that the Depart- sult, one of the world’s greatest human yield such time as he may consume to ment of State will be able to play in rights violators, the government of the the gentleman from California (Mr. having a structure that can help us, en- People’s Republic of China, got a free DREIER), our distinguished chairman of hance our leadership and deal with the pass that year. Also, in 2001, Mr. the Committee on Rules. challenges that exist in nations, such Speaker, the United Nations convened (Mr. DREIER asked and was given as the Sudan, which was just referred the World Conference on Racism in permission to revise and extend his re- to by my good friend. Durban, South Africa, which I at- marks.) I do believe that this legislation, Mr. tended. The conference itself went Mr. DREIER. Mr. Speaker, I thank Speaker, is going to be a great help to down in flames after it was hijacked the gentlewoman from Florida (Ms. us as a Nation and to the world as we and turned into a forum for nondemo- ROS-LEHTINEN) for yielding me this pursue those goals, and so I simply cratic regimes to launch vicious hate- time, and I appreciate the time and ef- want to express my appreciation to the ful attacks on the Democratic State of fort she has put into this very impor- gentleman from California (Mr. LAN- Israel. tant effort here. TOS), to the gentlewoman from Florida Mr. Speaker, I, for one, am sick and Mr. Speaker, having listened to the (Ms. ROS-LEHTINEN), to the others, the tired of the world’s dictatorships mak- remarks of the gentleman from Cali- gentleman from Illinois (Mr. HYDE), ing key decisions at the United Na- fornia (Mr. LANTOS), I have to say that those who have focused on this, and tions, shouting out the voices of the this legislation is clearly bipartisan- also to express my appreciation to all democratic governments of the world. ship at its best. We all know of the of the organizations that worked with For that reason, I am pleased to join very famous line of Senator us with the task force that we put to- with my good friend and colleague, the Vandenburg’s that partisanship ends at gether, as well as individuals within gentleman from California (Mr. the water’s edge. the Department of State who have DREIER), in introducing this legislation While in trying to deal with the chal- helped fashion this effort. before the House today. lenge of the United Nations, it is abso- So this is a very important measure. The United States International lutely essential that we pursue biparti- I believe it will go a long way towards Leadership Act of 2004 will require our sanship as well as we can, and we know addressing the shared goals that we Department of State to take effective within this structure, encouraging de- have, and I urge my colleagues to sup- measures to end this nonsense and to mocracy is a very important basis of port it. give our diplomats the tools they need that; and that is why I would like to Mr. KENNEDY of Minnesota. Mr. Speaker, I to ensure that America once again not only compliment the gentleman rise today to show my strong support for this punches at its weight class in New from California (Mr. LANTOS) and the legislation’s important language on the cre- York. others who have been involved in put- The legislation accomplishes this im- ation of a ‘‘Democracy Caucus’’ at the United ting this legislation together but to portant task by creating a Democracy Nations. compliment another very strong bipar- Caucus to support democratic forces at Mr. Speaker, there is a growing crisis at the tisan effort, which actually was the the United Nations by directing the UN. This crisis is the decline in the UN’s focus President to use our influence to re- brainchild for this important piece of on building democracies and spreading free- form United Nations rules so that legislation. dom throughout the world. Increasingly, the A couple of years ago as we looked at rogue regimes cannot gain leadership UN is becoming dominated by non- and, in far the great challenge of trying to deal positions, and by providing appropriate too many cases, anti-democratic governments. training to make our diplomats more with the United States’ role in the For example, the 191 members of the United effective in multilateral diplomacy. United Nations, we put together a task Nations, 102 do not have completely free and force that was done by Freedom House democratic governments. 47 members are no- b 1215 and the Council on Foreign Relations; torious dictatorships. 6 are even known ter- Mr. Speaker, largely in response to and I was very pleased to cochair that rorist states. this legislative initiative, the adminis- effort, along with our former colleague As the UN has lost its focus on promoting tration this year launched a democracy Lee Hamilton. And, again, it was bipar- democracy, scandal has plagued the organiza- caucus in New York and in Geneva. Our tisanship at its best, in that we had a tion. Take the Oil-for-Food program. The leadership act will lend important new wide range of people from varied back- world, particularly the Iraqi people, is waiting impetus for this effort, and it will help grounds who had been involved in the to learn the magnitude of corruption involved to ensure that it is broadened across diplomatic realm, in private sector or- in the Oil for Food scandal. Credible reports the United Nations system. ganizations, nongovernment organiza- allege the UN paid itself at least $1.4 billion in But the recent failure to keep Sudan tions involved with dealing with chal- commissions for its work on a program that off the Human Rights Commission lenges that exist in the United Nations. stole as much as $10 billion in food and hu- shows that much work needs to be We came up with some recommenda- manitarian relief from the Iraqi people it was done. Our diplomats should have tions as to how we could enhance the designed to help. This is only the latest exam- known in advance that Sudan was soon leadership role of the United States of ples of a crisis of confidence at the UN. to be nominated for the commission, America in the United Nations, and I Nearly half of the 53 countries sitting on the and the world’s democratic nations would commend to my colleagues this UN Human Rights Commission are known vio- should have been ready to block this report. Actually, the report itself is lators of the human rights of their own citi- mind-numbing decision. only about 25 pages long, and it is a zens. For example, take the Sudan, which

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.033 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4789 was just reelected to the Human Rights Com- Whereas in the April 14, 2004, letter the There was no objection. mission. This Is the same country that UN President stated that in light of new reali- Ms. ROS-LEHTINEN. Mr. Speaker, I Secretary General Kofi Annan has cited for its ties on the ground in Israel, including al- yield myself such time as I may con- ready existing major Israeli population cen- ongoing acts of ethnic cleansing against its sume, and I rise in strong support of ters, it is unrealistic to expect that the out- House Concurrent Resolution 460, re- people, which may result in the deaths of come of final status negotiations between more than 320,000 people this year alone. Israel and the Palestinians will be a full and garding the security of Israel and the Mr. Speaker, the United Nations was cre- complete return to the armistice lines of principles of Middle East peace. ated by the United States and the other victors 1949, but realistic to expect that any final I want to thank the gentleman from of World War II to be an instrument for world status agreement will only be achieved on Texas, our majority leader, for his un- peace and democracy. Instead, since its the basis of mutually agreed changes that re- wavering commitment to the State of flect these realities; Israel and stability in the region, and founding, there have been 291 wars which Whereas the President acknowledged that have resulted in over 22 million deaths. The commend him, as well as the gen- any agreed, just, fair, and realistic frame- tleman from Maryland, the Democratic UN needs a Democracy Caucus, and it needs work for a solution to the Palestinian ref- whip, for their efforts in drafting this one now. ugee issue as part of any final status agree- measure. It is a resolution that sup- Mr. Speaker, I rise in support of my friend’s ment will need to be found through the es- ports the principles outlined in the legislation, because I share his belief that the tablishment of a permanent alternative and President’s April 14 letter, and in doing UN system is broken. Democracies and dicta- the settling of Palestinian refugees there so it articulates our own vision of the torships are not the same, yet within the UN rather than in Israel; Whereas the principles expressed in Presi- path toward a lasting peace. It has long system they have the same vote. It is time for dent Bush’s letter will enhance the security been our enduring hope that Israel’s the democracies of the world to come together of Israel and advance the cause of peace in neighbors would see the wisdom of lay- to provide the leadership that has been lack- the Middle East; ing down their arms and negotiating in ing for too long in the UN. Whereas there will be no security for Israelis or Palestinians until Israel and the earnest, instead of killing. Egypt and I yield back the balance of my time. Jordan arrived at this point and have Mr. LANTOS. Mr. Speaker, I have no Palestinians, and all countries in the region found peace with Israel. There are oth- further requests for time, and I yield and throughout the world, join together to fight terrorism and dismantle terrorist orga- ers, however, who murder and employ back the balance of my time. nizations; terror against innocent civilians to Ms. ROS-LEHTINEN. Mr. Speaker, I Whereas the United States remains com- achieve their political ends. have no further requests for time, and mitted to the security of Israel, including se- The people of Israel have done their I yield back the balance of my time. cure, recognized, and defensible borders, and part toward peace and have made ter- The SPEAKER pro tempore (Mr. SIM- to preserving and strengthening the capa- rible sacrifices in human and material bility of Israel to deter enemies and defend MONS). The question is on the motion terms for this effort, yet they continue offered by the gentlewoman from Flor- itself against any threat; Whereas Israel has the right to defend in their search for closure to this long ida (Ms. ROS-LEHTINEN) that the House itself against terrorism, including the right battle. Yasser Arafat, on the other suspend the rules and pass the bill, to take actions against terrorist organiza- hand, lacks the will to fulfill the com- H.R. 4053. tions that threaten the citizens of Israel; mitments required of Palestinian offi- The question was taken. Whereas the President stated on June 24, cials. Arafat seems more intent on en- The SPEAKER pro tempore. In the 2002, his vision of two states, Israel and Pal- riching himself and his cronies and in opinion of the Chair, two-thirds of estine, living side-by-side in peace and secu- accommodating Hamas than he is in those present have voted in the affirm- rity and that vision can only be fully realized when terrorism is defeated, so that a achieving peace with Israel so that his ative. new state may be created based on rule of own people can reap the political and Ms. ROS-LEHTINEN. Mr. Speaker, law and respect for human rights; and economic benefits that would come on that I demand the yeas and nays. Whereas President Bush announced on from that peace. The yeas and nays were ordered. March 14, 2003, that in order to promote a As the President noted in his recent The SPEAKER pro tempore. Pursu- lasting peace, all Arab states must oppose letter, the United States stands ready ant to clause 8 of rule XX and the terrorism, support the emergence of a peace- to lead efforts to help achieve the goal Chair’s prior announcement, further ful and democratic Palestine, and state of peace between Israel and the Pal- proceedings on this motion will be clearly that they will live in peace with estinians, working with Egypt and Jor- Israel: Now, therefore, be it postponed. Resolved by the House of Representatives (the dan to build the capacity and the will f Senate concurring), That Congress— of Palestinian institutions to fight ter- (1) strongly endorses the principles articu- rorism and bring a permanent end to REGARDING THE SECURITY OF lated by President Bush in his letter dated such violence. ISRAEL AND THE PRINCIPLES OF April 14, 2004, to Israeli Prime Minister Ariel However, we have been down this PEACE IN THE MIDDLE EAST Sharon which will strengthen the security road before. Arafat promises, but and well-being of the State of Israel; and Arafat never delivers. The suicide Ms. ROS-LEHTINEN. Mr. Speaker, I (2) supports continuing efforts with others move to suspend the rules and agree to bombings continue, and the death toll in the international community to build the rises without so much as a modicum of the concurrent resolution (H. Con. Res. capacity and will of Palestinian institutions 460) regarding the security of Israel and to fight terrorism, dismantle terrorist orga- effort from Arafat-controlled security the principles of peace in the Middle nizations, and prevent the areas from which forces to prevent it. He promises to dis- East. Israel has withdrawn from posing a threat to arm the radicals, to arrest them; but The Clerk read as follows: the security of Israel. he does neither. Instead, he has acted The SPEAKER pro tempore. Pursu- as a revolving door for the terrorists H. CON. RES. 460 ant to the rule, the gentlewoman from that he pretends to arrest. He swore to Whereas the United States is hopeful that Florida (Ms. ROS-LEHTINEN) and the end terrorism only to carry out a mas- a peaceful resolution of the Israeli-Pales- sive campaign of murder against inno- tinian conflict can be achieved; gentleman from California (Mr. LAN- Whereas the United States is strongly TOS) each will control 20 minutes. cent Israelis riding on school buses, committed to the security of Israel and its The Chair recognizes the gentle- shopping in open-air malls, and simply well-being as a Jewish state; woman from Florida (Ms. ROS- going about their daily lives. He has Whereas Israeli Prime Minister Ariel Shar- LEHTINEN). failed completely in his commitments, on has proposed an initiative intended to en- GENERAL LEAVE and he has brought only misery to a hance the security of Israel and further the Ms. ROS-LEHTINEN. Mr. Speaker, I people seeking a peaceful existence. cause of peace in the Middle East; ask unanimous consent that all Mem- As underscored in this resolution and Whereas President George W. Bush and bers may have 5 legislative days to re- articulated by the President, Israel has Prime Minister Sharon have subsequently a sovereign and undeniable right to engaged in a dialogue with respect to this vise and extend their remarks and in- initiative; clude extraneous material on the con- protect herself and her people, includ- Whereas President Bush, as part of that current resolution under consideration. ing taking actions against terrorist or- dialogue, expressed the support of the United The SPEAKER pro tempore. Is there ganizations. In the same vein, we re- States for Prime Minister Sharon’s initia- objection to the request of the gentle- main strongly committed to Israel’s se- tive in a letter dated April 14, 2004; woman from Florida? curity and well-being as a Jewish state.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.029 H23PT1 H4790 CONGRESSIONAL RECORD — HOUSE June 23, 2004 The President has clearly laid out his things, reaffirmed the United States’ solve regarding its core principles were vision and has pursued it on multiple commitment to the implementation of already well on their way. President fronts. Through this resolution, we the road map to Middle East peace; re- Bush warmly welcomed Prime Minister again declare our support for Israel for iterated in the strongest terms our Sharon’s plan and reaffirmed this Na- the great sacrifices she has made, and commitment to Israel’s security; in- tion’s strong support for Israel and for we congratulate the President for rec- sisted that the Palestinian side imme- Middle East peace in his letter of April ognizing those sacrifices and the im- diately cease all acts of violence and 14. Senator JOHN KERRY, the Demo- portance of Israel’s commitment to terror against Israel and her citizens; cratic nominee for President, in turn peace. expressed our support for the establish- endorsed both Prime Minister Sharon’s We also call on the Palestinians to ment of a Palestinian state that is via- proposal and the content of the Presi- help build a peace that is mutual and ble, contiguous, sovereign, and inde- dent’s letter. lasting and not one of fleeting adher- pendent; recognized that in light of the In setting out some of the principles ence and rhetorical assurances to score reality, on the ground it is unrealistic of peace such as those relating to terri- political points. Their adherence to to expect that the outcome of final sta- tory and refugees, the President was peace must be real, and it must be en- tus negotiations will be a full and com- clearly inspired by ideas presented dur- during. For the welfare and security of plete return to the armistice lines of ing the Camp David negotiations in the the people of the State of Israel and for 1949; and in addition indicated that any summer of 2000 and by President Clin- the future of the Palestinian people, final status will need to include the es- ton’s so-called ‘‘Parameters’’ of De- Arafat and the Palestinian leadership tablishment of a Palestinian state and cember, 2000. Thus like President must come to the realization that it is the settling of Palestinian refugees Bush’s April 14 letter, the resolution in their best interests to build the in- there rather than in Israel. now before us distills the ideas of some of our Nation’s most respected figures stitutions necessary to fight and defeat Secondly, Mr. Speaker, this resolu- in both the Democratic and Republican terrorism in order to live side by side tion supports continuing efforts by the international community to build the parties. in peace together with Israel. Many of the principles in the resolu- Mr. Speaker, this resolution ex- capacity and will of Palestinian insti- tion have been endorsed previously, presses our support for principles that tutions to fight terrorism, dismantle some of them repeatedly by the Con- are crucial to Middle East peace, and it terrorist organizations, and prevent gress. All of them are crucial to achiev- reflects the current reality on the the areas from which Israel has with- ing Middle East peace. ground. These principles are consistent drawn from posing a threat to the security of Israel. Mr. Speaker, Prime Minister Sharon with U.S. policy priorities, and I ask has taken a bold risk and shown great my colleagues to render their strong b 1230 courage in pursuing his plan for unilat- support for this resolution. Mr. Speaker, the plight of the Pales- eral withdrawal from all of Gaza and Mr. Speaker, I reserve the balance of tinian people must concern all of us. parts of the West Bank. He did so be- my time. Their cause has been diminished by de- cause he believed it was the only way Mr. LANTOS. Mr. Speaker, I yield praved and corrupt leaders, led by to break a deadlock in the peace proc- such time as he may consume to the Yasser Arafat, who employ the tactic ess and to forge a historic path towards gentleman from Maryland (Mr. HOYER), of terror, insight their people to hate, the separation of the Palestinian and the distinguished Democratic whip, and refuse to seek peace, thereby trag- Israeli peoples which is the pre- who played a critical role in the draft- ically relegating their own people to requisite for a two-state solution. The ing of this important resolution. poverty and severe insecurity. In fact, prime minister decided that Middle Mr. HOYER. I thank the gentleman it is this absence of leadership on the East peace could no longer be held hos- from California, the ranking member Palestinian side, the absence of a sin- tage to the failure of Palestinian lead- of the committee, for yielding time; cere negotiating partner, that spurred ership. and I thank the gentlewoman from Prime Minister Sharon to propose his Prime Minister Sharon has pursued Florida for her statement. recent disengagement plan, which is his plan despite repeated political ob- Mr. Speaker, I urge all of my col- supported not only by President Bush, stacles. The Israeli people as a whole leagues to support this important bi- but also by JOHN KERRY and Members overwhelmingly embrace his initiative, partisan resolution, which the major- on both sides of the aisle here. but many of his traditional allies do ity leader (Mr. DELAY) and I have of- Thus again, Mr. Speaker, Israel has not. In fact, Mr. Sharon’s plan was de- fered along with the chairman and stepped up and shown its willingness to feated in a referendum of his own ranking member of the Committee on take risks for peace and security. And Likud parties membership. He has been International Relations, the gentleman let no one be mistaken about the spe- forced to fire some members of his cab- from Illinois (Mr. HYDE) and the gen- cial relationship that has existed be- inet in order to assure cabinet support tleman from California (Mr. LANTOS). tween our two nations since the State for the plan. Other ministers have re- This is a balanced resolution, Mr. of Israel was founded. Ours is a rela- signed in protest. Mr. Sharon has lost Speaker, that will further the cause of tionship of principle and conscience, of his once formidable parliamentary ma- peace in the Middle East, enhance the shared values and common aspirations, jority and now leads a minority gov- security of our staunch ally, the demo- of peace and opportunity, and of a mu- ernment. Perhaps most painfully for cratic State of Israel, and move the tual commitment to freedom and de- him, he has parted ways with a settle- Palestinian people closer to the real- mocracy. ment movement that he once unoffi- ization of a homeland of their own. In This resolution, Mr. Speaker, is an cially led. As one senior U.S. official short, this resolution does two things. important statement by this House. I recently expressed it to me, ‘‘A year First, it strongly endorses the prin- urge all of my colleagues to support it. ago we would have been shocked and ciples for Middle East peace articu- Mr. LANTOS. Mr. Speaker, I yield pleased if Sharon had decided to dis- lated by President Bush in his April 14 myself such time as I may consume. mantle one single settlement. Now he letter to Prime Minister Sharon. I want to thank the distinguished insists on dismantling two dozen.’’ The Members may recall that the Democratic whip for his powerful and Mr. Speaker, I met with Prime Min- President’s letter welcomed Prime eloquent statement. ister Sharon in his office in Jerusalem Minister Sharon’s disengagement plan I rise in strong support of this his- a month ago. As critics were pro- calling for the withdrawal of military toric resolution, Mr. Speaker. Our reso- nouncing his plan finished, he was installations and settlements from lution represents a unique, bipartisan buoyantly optimistic and firmly com- Gaza and the West Bank. The President effort to demonstrate congressional mitted to overcoming opposition to his believes that this plan will make a real support for the State of Israel and for plan. He told me he would prevail in contribution towards peace, and so do Middle East peace by endorsing Prime the cabinet, and now he has. There are I. This plan in my view is a bold, his- Minister Sharon’s bold disengagement more steps required before implemen- toric opportunity to break the dead- plan. tation, but Mr. Sharon is committed to lock in Israeli-Palestinian relations. In Even before this resolution was in- the battle, and, in my view, he is fully addition, the President, among other troduced, expressions of bipartisan re- up to the task.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.036 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4791 Mr. Speaker, the Israeli people have The peace process is dead because the heartland district that I serve, are endured considerable heartbreak in the Palestinian Authority continues to dedicated to. peace process. They were stunned and refuse to fulfill its most basic obliga- It was my passion for Israel that led many still are, as are we, that an inex- tions under the roadmap. It refuses to me, after my return from Israel this cusable Palestinian intifada erupted 4 stop the terrorist attacks against year, to draft a resolution, along with years ago in the wake of an incredibly Israel, dismantle the terrorist infra- the gentlewoman from Nevada (Ms. generous Israeli peace offer. That structure, and begin a process of polit- BERKLEY), who just spoke. We authored intifada, with its repeated suicide ical reform. the Pence-Berkley resolution that was bombings, has claimed nearly 1,000 in- It is time for the Palestinian leader- able to endorse Israel’s right of self-de- nocent Israeli lives. Proportional to ship to express their desire for a Pales- fense openly as this resolution does and the U.S. population, that would be tinian state living side by side peace- condemn the adjudication of Israel be- 50,000 lives lost at the hands of domes- fully with Israel rather than a Pales- fore the civil court of justice at the tic terrorism. tinian state in place of Israel. Hague. We were both, I think, pleas- Nevertheless, another Israeli leader Israel has the right to secure and de- antly surprised to see over 160 Demo- has embarked on yet another bold and fensible borders that reflect the democrats and Republicans support that res- politically precarious peace initiative. graphic realities. The time is long past olution. That initiative deserves the support of for the Palestinian people to reject ter- So it was with special pride that I the Congress. So does the vast major- rorism and violence. America will learned that the leadership of this Con- ity of the Israeli people who, polls never condone terrorist acts. America gress and the leadership of the House show, support the Sharon plan. And the will never support those that per- Committee on International Relations Palestinian people deserve this body’s petrate them, and America will stand have come together in a bipartisan way support. They have endured all kinds of side by side with Israel in its struggle to make an affirmative statement hardships, including incompetent, cyn- against terrorism. about Israel’s right of self-defense. ical, and violent leadership that has led This resolution, once again, sends a b 1245 them to the edge of the abyss. clear message to the supporters of ter- Mr. Speaker, what we will do here rorism and the enemies of Israel. The relationship between the United today will reverberate throughout the America will always side with demo- States and Israel is truly unique and Middle East. By strongly supporting cratic and peace-loving people. Amer- precious. It is forged in the best values Israeli security and this new initiative, ica should and does stand side by side and hopes of the peoples of both na- we will embolden Israeli leaders to with the people of the State of Israel. I tions, and it is forged in the uniqueness take further key and courageous steps urge my colleagues to vote for this res- that at no other time in human history toward the Middle East peace all sides olution. has one people so committed them- desire, even in the face of spirited do- Ms. ROS-LEHTINEN. Mr. Speaker, I selves to the reestablishment of an- mestic opposition. And hopefully mod- yield such time as he may consume to other people in their historic home- erate Palestinians will be encouraged the gentleman from Indiana (Mr. land. to push aside their failed authoritarian PENCE). I see our relationship with Israel as leadership and take control of their (Mr. PENCE asked and was given per- one of stewardship. Until such a time own lives. mission to revise and extend his re- that Israel has developed both the eco- Mr. Speaker, for the sake of a secure marks.) nomic and military capability to stand Israel, increased hope for Palestinians, Mr. PENCE. Mr. Speaker, I thank the on its own, the United States, as we are and the all-important peace in the Mid- gentlewoman for yielding me this time. doing today, must stand with Israel as dle East, I urge all of my colleagues to I thank her for her extraordinary lead- a protector, a friend, and a partner. join me in supporting this resolution. ership on the Middle East and Central As a protector, this commitment be- Mr. Speaker, I yield 2 minutes to the Asia Subcommittee. She is a great gins with defending the territorial in- gentlewoman from Nevada (Ms. BERK- champion for that about which this tegrity of Israel through military aid LEY), a distinguished member of the resolution attends today, that strong and means if necessary. As a friend, committee. this commitment includes foreign aid Ms. BERKLEY. Mr. Speaker, I want and historic alliance between the by the United States of America. And to thank the gentleman from Cali- United States of America and Israel. I also speak in commendation of the as partner, it means partnering in a fornia (Mr. LANTOS), ranking member E AY process for peace in the Middle East, of the Committee on International Re- gentleman from Texas (Mr. D L ), lations; the gentlewoman from Florida majority leader; and the gentleman but recognizes that the role of the from Maryland (Mr. HOYER), minority United States of America in that Mid- (Ms. ROS-LEHTINEN); the gentleman whip, who have brought forward this dle East process is not one of an honest from Maryland (Mr. HOYER); and the House concurrent resolution regarding broker, but it is one of a partner on one gentleman from Texas (Mr. DELAY) for their leadership on this very important the security of Israel and the principles side of the table, honestly dealing on and urgent issue. of Middle East peace. And I also con- behalf of peace. I rise today in strong support of this gratulate the gentleman from Cali- I am specifically pleased to see this resolution, in support of America’s fornia (Mr. LANTOS), my friend and resolution endorsing Israel’s right of closest ally in the Middle East, and I mentor on these issues, a great leader self-defense. During my tour of Israel, rise with the hope that a peaceful solu- on the world stage on behalf of human we, along with Israeli defense forces, tion to the Israeli-Palestinian conflict rights and Israel. toured a large section of the security can be achieved. When I met Prime Minister Sharon fence. Mr. Speaker, during the 2 hours No country in the world is more fa- during January of this year during my that my wife and I toured that fence miliar with what Americans experi- first journey to Israel, he asked me if I with military personnel, they received enced on September 11 than Israel. had ever been to that historic land, and three separate calls for attempted ter- Since Yasser Arafat turned his back on I replied reflexively ‘‘Only in my rorist incursions along the fence line. peace with Israel and fled Camp David dreams.’’ And the truth is that for When we arrived at their post, I to oversee the latest wave of violence, many millions of American Christians, asked the commander who had accom- there have been over 130 suicide bomb- Israel is just that. It is a dream. And it panied us, Havi, I said, ‘‘Is this a pretty ings responsible for the death of over is a dream, make no mistake about it, busy day?’’ And he smiled the way that 500 Israelis. Thousands more have been Mr. Speaker, that American Christians Israelis tend to do in the face of un- injured, and little progress has been cherish with a fervor and the fire of thinkable threats and terror, and said, made in forging a lasting peace be- American members of the Jewish com- ‘‘Pretty typical day, Congressman.’’ tween the Palestinians and the Israelis. munity. It was a dream that was made Three attempted terrorist incursions This resolution sends a strong, bipar- real by the leadership of the United along the fence line. tisan message of support for strength- States of America in 1948, and it is a It is that reality that sent me home ening the security and well-being of dream the reality of which the Amer- to go to work here in Congress on be- Israel. ican people, even the people across the half of the statement that we will

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.038 H23PT1 H4792 CONGRESSIONAL RECORD — HOUSE June 23, 2004 make today in deafening and bipar- On a parallel track, the Congress reality. It puts together the point of tisan terms. It is the firsthand reality should be looking at ways to spur eco- the fact that obviously the whole issue of daily terror that the people of Israel nomic development throughout Israel, of the Palestinian refugee situation face that makes it imperative that the including the West Bank and Gaza. will be actually resolved once there is United States of America, in bipartisan Let us use this resolution as an op- a Palestinian state. So I urge the adop- and deafening terms, be heard in this portunity to get back on track. We tion of this resolution. place and on this day. must work to get the two sides negoti- Mr. LANTOS. Mr. Speaker, I ask I pray for the peace of Jerusalem, Mr. ating for an agreed-upon solution, unanimous consent that the time for Speaker; and I close by saying that rather than imposing one which will debate on this resolution be extended like millions of Americans, Republican not have the legitimacy that is needed. for 20 minutes, to be equally divided and Democrat, as we see witness here The United States must use its leader- between the two sides. today, liberal and conservative, as we ship to get the Israelis and Palestin- The SPEAKER pro tempore (Mr. SIM- see here today, I stand for the dream ians and neighboring nations in the MONS). Is there objection to the request that is Israel. But I stand even more Middle East to the table and start the of the gentleman from California? firmly for making that dream a re- talks, so that when we look to the fu- There was no objection. ality; not just past, not just present, ture, we will see Israeli and Palestinian Mr. LANTOS. Mr. Speaker, I yield 2 but a permanent and truly eternal re- children living in peace. This is what minutes to my good friend and fellow ality of the Nation of Israel, with Jeru- we want; and as committed as we are Californian, the gentlewoman from salem as her capital. to Israel, that must be our commit- California (Mrs. CAPPS). I thank the gentlewoman for yielding ment as well. Mrs. CAPPS. Mr. Speaker, I thank me time, I thank our leadership for Mr. LANTOS. Mr. Speaker, I am de- my California colleague for yielding their extraordinary effort on behalf of lighted to yield to the gentleman from me time. our great partner and ally. California (Mr. MATSUI), one of our Mr. Speaker, I agree with some of the Mr. LANTOS. Mr. Speaker, let me great Democratic leaders. statements contained in this resolu- first commend my friend from Indiana Mr. MATSUI. Mr. Speaker, I thank tion. Most notably, it is important for his powerful and eloquent state- the gentleman from California, the that Congress continue to recognize ment, and let me yield 3 minutes to my ranking member of the Committee on and endorse President Bush’s vision of distinguished colleague, the gentleman International Relations, for yielding two states, Israel and Palestine, living from New Jersey (Mr. PASCRELL). me time. side by side in peace and security. (Mr. PASCRELL asked and was given I want to commend the gentlewoman I believe the resolution places too permission to revise and extend his re- from Florida, obviously the gentleman much emphasis on the recent exchange marks.) from California, the gentleman from of letters between President Bush and Mr. PASCRELL. Mr. Speaker, I Maryland (Mr. HOYER), and certainly Prime Minister Sharon, but I am thank the gentleman from California the gentleman from Texas (Mr. DELAY) pleased the legislation notes that for yielding me time. for bringing this resolution before the changes to a final status agreement Mr. Speaker, I must remind my floor of the House at this particular based on new realities on the ground brother from Indiana that the Mideast time. is in reality a dream for Jews, Chris- I have to say that, first, I think all of must be mutually agreed to by Israel tians, and Muslims; and that is the ap- us acknowledge, particularly with and the Palestinians. I join the authors of this resolution proach. I am going to vote for this res- what has been going on today in the olution probably, but I would like to Middle East, and Iraq in particular, in support of Prime Minister Sharon’s take the opportunity to speak about that the whole issue of Israel’s impor- plan to evacuate all settlers from Gaza what people in my area, my district, tance to the United States could not be and at least some from the West Bank. and abroad should take from the reso- more clear. Israel is important for the This is an important step, but it must lution. strategic defense of the United States be a first step. The conflict in Israel is the axis on in the free world. Given, as I said, the The proposed Israeli withdrawal will which much of Middle East politics fact that it is the only democracy in increase Israel’s security. It will also spins. Let us not forget that what we that region, it is absolutely critical ease the economic and humanitarian do and say here has major implications that Americans understand and this crisis faced by the Palestinians. all across the globe. country understands the importance of But this plan must not be mistaken The United States is strongly com- Israel from our strategic perspective. for a complete and comprehensive mitted to the security of Israel as a Secondly, there is no question that agreement that must be reached. The Jewish state. That is not debatable. Israel has the absolute right to defend only hope for resolving the deadly sta- There is no question that our friend itself from terrorist activities, and this tus quo is for Israelis and Palestinians and ally has every right to defend itself resolution will go a long way in ful- to negotiate a political settlement. For against terrorists who oppose freedom filling those two principles. this to happen, both sides must live up and democracy. This resolution takes a Certainly the negotiation process has to the agreements they have previously strong stand on that issue. broken down. When Prime Minister made. Palestinians must dismantle ter- But equally important, this resolu- Barak was negotiating with Mr. Arafat rorist organizations, and Israel must tion stands in favor of a peaceful two- with the help of Mr. Clinton, it was ob- impose a settlement freeze, knock state solution to the Israeli-Pales- vious Mr. Arafat was not able or will- down illegal outposts, and ease the tinian conflict. Read it carefully. ing to actually engage in an actual harsh conditions of occupation. A vital first step to a peaceful solu- agreement. That being the case, the None of this will transpire without tion is the proposed withdrawal from Palestinian Authority at this time has the hands-on, vibrant commitment of Gaza, as the Prime Minister has no one in charge to negotiate, and that the United States, election year or no planned and President Bush has en- is why the whole issue of the dis- election year. America’s failure to endorsed. But we must not forget that engagement policy is the correct pol- gage in the Israeli-Palestinian conflict this withdrawal should be a precursor icy. will not only doom those long-suffering to the restart of negotiations. Our resolution today, with great sup- peoples to continued violence and mis- By passing a resolution that endorses port from both Democrats and Repub- ery, but it harms vital U.S. national the road map to peace and discusses licans on a bipartisan basis in the interests as well; and that is a risk we what should be done during final status House of Representatives, would go a cannot afford to take. negotiations, the House is recognizing long way in at least trying to find Ms. ROS-LEHTINEN. Mr. Speaker, I the importance of negotiations led by some leader in the Palestinian Author- yield 2 minutes to my good friend, the the United States and the quartet. We ity to stand up and say let us begin to gentleman from Virginia (Mr. CANTOR). lost valuable time in the first 8 months talk, to negotiate, because obviously Mr. CANTOR. Mr. Speaker, I thank of this administration when we did the status quo is unacceptable. the gentlewoman from Florida for nothing. We separated ourselves from This resolution, to a large extent, yielding me time, and I want to con- the issue. just basically puts together what is a gratulate her and thank her for her

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.040 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4793 leadership on this and many other York (Mr. CROWLEY), my good friend Maryland (Mr. HOYER), the minority issues, and also the gentleman from and a distinguished member of the whip, for his cooperation in developing California (Mr. LANTOS) for his stead- Committee on International Relations. this resolution and for his help in fast support of human rights across the Mr. CROWLEY. Mr. Speaker, I thank bringing it to the floor today. globe, and as well thank the gentleman my friend, the gentleman from Cali- It is really important for two reasons from Maryland (Mr. HOYER) and the fornia, for yielding me this time, and I for the record to note that this legisla- majority leader, the gentleman from want to thank the gentleman from tion is bipartisan. In the first place, it Texas (Mr. DELAY), for bringing this Texas (Mr. DELAY), and the minority is always valuable in times of national resolution to the floor. whip, the gentleman from Maryland conflict, and especially during election I rise in support of H. Con. Res. 460 (Mr. HOYER), for introducing this reso- campaigns, to show that for all of our because I think it recognizes the tre- lution. differences, we can all rise above our mendous accomplishments of the Bush I rise in strong support of this resolu- partisan allegiances and come together administration, in particular President tion, and I ask my colleagues to sup- as Americans behind our President. Bush, as far as the U.S.-Israel relation- port it. Secondly, it shows not only to the ship is concerned. Make no mistake This bipartisan resolution shows the country, but to the world, that one of about it: this President, more than any United States Congress is united in our those issues that we can unite behind other, has done more to strengthen support for our democratic ally in the is our national commitment to the peo- that U.S.-Israel relationship, to recog- Middle East, Israel. The United States ple of Israel. nize the importance of our relationship must not only continue to support That commitment was reaffirmed on with our democrat ally in the Middle Israel because of our shared common April 14 of this year when the Presi- East, the State of Israel and its people. values, but because we know the ter- dent wrote a letter to Israeli Prime It is his policies under the Bush doc- rible repercussions of terrorist attacks Minister Sharon expressing his support trine that I think reflect a very strong on our own population. for Israel’s right to self-defense in a moral courage that again transcends The decision taken by Israeli Prime war against Palestinian terror. In this into a moral clarity as he begins and as Minister Ariel Sharon on unilateral letter, the President established two he continues to implement his foreign disengagement was necessary for the fundamental principles that, in light of policy. security of Israel and her people. the repeated and willful failure of the I think across the country what we This bold initiative has received Palestinian Authority to dismantle the see are Americans who now understand international support and needs the terrorist elements within it, have be- the fact that Israel has been fighting support of all governments to ensure it come unavoidable. the same war against the terrorists can be implemented to remove the fear This resolution expresses the House’s that we are fighting today, and Israel of terrorist strikes within Israel. affirmation of those principles, specifi- has been doing it for decades. The This unilateral step has to be taken cally, that ‘‘it is unrealistic to expect bombings on the streets of Tel Aviv are because the Palestinian Authority is that the outcome of final status nego- no different than the bombings that oc- currently not a viable partner in peace. tiations will be a full and complete re- curred on September 11 in New York or For too long, the Palestinian Author- turn to the Armistice lines of 1949.’’ here in Washington or in Pennsylvania. ity has allowed terrorists to operate in And that ‘‘any agreed, just, fair, and The absolute scale of a suicide bomber the territory under their control and realistic framework for a solution to on a bus may be different than those done little, if anything, to stop them the Palestinian refugee issue will need planes running into those towers on from attacking civilians in Israel. In to be found through the establishment September 11; but make no mistake fact, in my opinion, they have been of a permanent alternative and the set- about it, they were morally equivalent. complicit in those attacks. tling of Palestinian refugees there, This resolution recognizes that this The terrorism against Israel and her rather than in Israel.’’ President and this House will never, people continues without a sign of it Put simply, Mr. Speaker, Israel must ever accept terrorism under any, any stopping. Over the past few weeks, I not retreat behind its 1949 borders, and situation and for any reason whatso- have seen countless reports of the there is no so-called ‘‘right of return.’’ ever. Israeli Defense Force preventing ter- The people of Israel are at war, and it In this resolution, we also keep the rorist plots to kill innocent Israeli ci- is our responsibility to help them win onus where it belongs, and that is on vilians. it. As long as the Palestinian Author- the Palestinian people and their lead- While I applaud the strength of the ity refuses to take the necessary steps ership. We have for too long seen that Israeli Defense Force, the people of to end terrorism within its ranks, we they have failed to live up to the obli- Israel cannot and should not have to must stand with Israel. gations that we continue to set forth in live like that. The United States must We must stand by the commonsense the road map for peace and other in- take a firm stance and continue its principles established in the Presi- stances where we ask that they stop support of Israel without wavering dent’s April 14 letter and stand against the terrorist attacks, that they dis- when faced with criticism from the the voices of violence and appeasement mantle the terrorist infrastructure and Arab world. that would sacrifice Israel’s security. they institute political reform so they If the peace process is to continue to Peace cannot be negotiated with can ultimately achieve what their move forward, the United States must unpeaceful men. Peace must be won. dream is, a state living alongside the increase its engagement and stick with We must stand with Israel as they Jewish State of Israel. a consistent message as we continue work every day towards its winning. But it is not until we reach the point positive support for a lasting and The alliance between the United that we see the Palestinians recog- peaceful solution in the Middle East. States and Israel is not merely one of nizing Israel’s right to exist as a Jew- Once again, I want to thank the spon- shared strategic goals and common in- ish state that this Congress or this sor of this legislation and for bringing terests, though it is that too. No, Mr. President will ever allow Israel to go it forward today. Speaker, the alliance between the without secure borders and the ability Ms. ROS-LEHTINEN. Mr. Speaker, I United States and Israel is one of to secure its population. am proud to yield 1 minute to the gen- shared values and a common destiny. tleman from Texas (Mr. DELAY), our From Israel we have learned the need b 1300 distinguished majority leader and the for an iron will in the face of terrorist Mr. LANTOS. Mr. Speaker, before author and prime sponsor of this legis- evil; and from us, Israel has learned the recognizing my friend from New York, lation. value of steadfast friendship in good I would like to express my deep appre- Mr. DELAY. Mr. Speaker, I too want times and in bad times. ciation to the Republican leader for his to express my thanks to the gentleman Today, both the United States and extraordinary efforts on behalf of this from California (Mr. LANTOS) for his in- Israel are fighting a war on terror; and resolution. credible work on this issue and his co- one day soon, we both will win it. Mr. Speaker, I am pleased to yield 2 operation and his friendship. I also So I urge all of our Members to sup- minutes to the gentleman from New want to thank the gentleman from port this resolution before us today,

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.042 H23PT1 H4794 CONGRESSIONAL RECORD — HOUSE June 23, 2004 which, once again, reaffirms the un- secret channels that may be the case. gentleman from West Virginia, that breakable bonds of freedom our two na- We have not had any suicide attacks, there may not have been any successful tions share. for example, in the last 3 or 4 months. suicide attempts in some time; there Ms. ROS-LEHTINEN. Mr. Speaker, I There has not been, thank God, in this are weekly suicide attempts which are yield 10 minutes of my time to the gen- period an Israeli to lose his or her life thwarted by the vigilance of the Israeli tleman from California (Mr. LANTOS), in these horrendous, condemnable sui- Defense Force. So the fact that suicide and I ask unanimous consent that he cidal bombs that go off. bombers do not succeed in blowing up may be permitted to control that time. So now we come forth with this reso- additional groups of innocent civilians The SPEAKER pro tempore (Mr. MIL- lution from the U.S. Congress: ‘‘Re- is not an indication that the attempts LER of Florida). Is there objection to garding the Security of Israel and the at suicide bombings have come to an the request of the gentlewoman from Principles For Peace in the Middle end. Florida? East.’’ I agree. Except I would add one Secondly, may I remind my friend There was no objection. word in that title, and that is Regard- that innocent civilians are killed in Mr. LANTOS. Mr. Speaker, I want to ing the Security of Israel ‘‘and Pal- ways other than through suicide bomb- thank my good friend, the gentle- estinians’’ and the Principles of Peace ing. A pregnant mother and four of her woman from Florida (Ms. ROS- in the Middle East. young daughters were killed in cold LEHTINEN), for her usual courtesy. The resolution goes on to state: blood just this past month. A pregnant Mr. Speaker, I am delighted to yield ‘‘whereas, President Bush and Prime woman with four small daughters in 5 minutes to my good friend, the gen- Minister Sharon have subsequently en- her car, all six of them were killed just tleman from West Virginia (Mr. RA- gaged in dialogue with respect to this this past month. HALL). initiative.’’ My question would be, So I do not think it is accurate to Mr. RAHALL. Mr. Speaker, I thank where were the Palestinians in this portray a picture which would indicate the distinguished gentleman from Cali- dialogue? Is it not their future at stake that the attempts at extremist violent fornia for obtaining the extra time, as as well? Where were the Palestinians in terrorism is over. The attempts are well as the gentlewoman from Florida this dialogue? less successful than they were at a for yielding that extra time to this The response will come back, of time when Israel was less prepared to side. course, that there is no credible Pales- deal with it. Mr. Speaker, I do want to state in tinian with whom to negotiate. There Mr. RAHALL. Mr. Speaker, will the the beginning, as one who has rather are credible Palestinians and moderate gentleman yield? regularly opposed what in the past Palestinians and those who condemn Mr. LANTOS. I yield to the gen- have traditionally been grossly one- suicidal bombings and terrorism as tleman from West Virginia. sided resolutions, inappropriate, in this much as me and any other Member of Mr. RAHALL. Mr. Speaker, I appre- gentleman’s opinion, for U.S. best in- this body. And they are the ones we ciate the gentleman yielding. I would terests in the Middle East, I do find the should be reaching out to involve in respond to the gentleman that I concurrent resolution a minute, itsy bitsy, these negotiations. demn those attacks as well, and I tiny bit headed in the right direction. Continuing further to quote from the would say that there have been at- And I do say that, taking into perspec- resolution, on the second page, second tempts thwarted by the Israeli security tive what I view is in America’s best whereas clause: ‘‘but realistic to expect forces. interests in this region. that any final status agreement will b 1315 Mr. Speaker, it has well been docu- only be achieved on the basis of mutu- mented, and many in this body have al- ally agreed changes that reflect these Mr. Speaker, the Israelis have not ways pointed out, how U.S. credibility realities.’’ Again I ask, where are the done that alone, they have had a great and morality across the world is at an Palestinians in discussions about these deal of information submitted to them all-time low today. I do not think there ‘‘mutually agreed upon’’ efforts? from a lot of other countries, and from are many countries that would doubt The very next paragraph: ‘‘any final moderate Palestinians, working within that statement; and it is due to many, status agreement will need to be found whatever security apparatus they have many factors: our go-it-alone approach through the establishment of a perma- left. The Palestinians who truly want to the war in Iraq, unprovoked attacks, nent alternative and settlement of Pal- to see peace and recognize how horren- an in-your-face type of attitude to our estinian refugees there rather than in dous these actions are want to help allies, many of whom we badly need at Israel.’’ True. I would not dispute that. stop terrorism. this point in time. There were no weap- But where is that permanent alter- In addition, let us not forget inno- ons of mass destruction found, false re- native? Again, where are the Palestin- cent Palestinians. I am sure the gen- liance upon the neoconservatives, ians involved in discussions upon the tleman would agree there have been a bosom buddy, Ahmed Chalabi who gave no-return issue? Is their future not at number of those that have lost their us shabby information; an insurgency stake here? Should they not be in- lives since the Intifada and many other in Iraq that was more vigorous than volved in the negotiations? skirmishes. even the neo-cons in the Pentagon Mr. Speaker, I certainly agree with I would say to the gentleman as well, could ever imagine, far from the state- paragraphs in this resolution. On page I am sure he recognizes that under this ment that Americans would be greeted 3, the second and third paragraphs, yes: administration, there have been over as liberators. We found no direct in- two states, Israel and Palestine, living 900 Israelis and foreigners who have volvement of Saddam Hussein on 9/11, side by side in peace and security; and lost their lives during the last 3 or 4 and I could go on and on. in the next paragraph, yes: all Arab years, which is 10 times more than the But there is one particular false per- states must oppose terrorism, support number of Israelis and foreigners that ception we were lead to believe that is the emergence of a peaceful and demo- lost their lives under the Clinton ad- tied directly into this resolution today. cratic Palestine. ministration. We were told by the administration But there is a disconnect between So let us help this President take ad- that the victory over Saddam Hussein those whereas clauses and the first vantage of the opportunities that are would lead to a peaceful resolution of paragraph of the resolved clause: stat- presented to him to achieve a break- the Israeli-Palestinian conflict. We are ing the security and well being of the through in the region. I hope and pray still looking for that statement to be State of Israel, and again I would say to God such may be on the table today proven correct. And, indeed, the the words ‘‘and Palestine’’ should be being worked through back channels. Israeli-Palestinian conflict is linked to inserted therein. Mr. LANTOS. Mr. Speaker, I yield 2 our actions in Iraq, linked to the view Ms. ROS-LEHTINEN. Mr. Speaker, I minutes to the distinguished gen- of Americans around the world, linked reserve the balance of my time. tleman from Virginia (Mr. MORAN). to our morality and credibility. It is all Mr. LANTOS. Mr. Speaker, before Mr. MORAN of Virginia. Mr. Speak- linked together. yielding time, I yield myself such time er, the principles that were articulated Peace on the Palestinian-Israeli front as I may consume, because I would just by President Bush in his April letter to I hope and pray is near; and perhaps in would like to remind my colleague, the Mr. Sharon can be seen as a first step

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.044 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4795 in finding a resolution to the Israeli International Relations, the gentleman The road map remains the best Palestinian dispute. from California (Mr. LANTOS), for his chance for a comprehensive solution This resolution demonstrates that great leadership on this issue and for for the differences between Israelis and Congress’s position is consistent with bringing this resolution to the floor. Palestinians. It is time for all parties the majority of Israelis who endorse He has been a champion supporter for a to the road map to use the opportuni- the evacuation of settlers from the strong national defense for our country ties presented by the Sharon plan to Gaza Strip, and at least parts of the and knows that it is in our interest to bring an end to the violence and West Bank. This disengagement plan is have a secure and safe Israel. achieve lasting peace in the Middle a reflection of Israel’s basic interests I also want to commend the gentle- East. and a major recognition that settle- woman from Florida (Ms. ROS- Mr. LANTOS. Mr. Speaker, I want to ments hurt Israel’s security, economic LEHTINEN) for her leadership and con- thank the distinguished Democratic prosperity, and demographic future. sistent leadership on this issue as well. Leader for her powerful and eloquent Disengagement will also help moderate I commend also the makers of the mo- statement. Palestinian leaders to make concrete tion, the majority leader the gen- Mr. Speaker, I yield 2 minutes to the moves to finally establish a true demo- tleman from Texas (Mr. DELAY) and gentleman from Illinois (Mr. EMAN- cratic state. the gentleman from Maryland (Mr. UEL), my good friend. By implementing this initiative, ten- HOYER), our distinguished whip, for Mr. EMANUEL. Mr. Speaker, I rise in sions between Israels and Palestinians putting before us a resolution that I strong support of this resolution. I should diminish, thus paving the way think we should all support. I think it commend our colleagues for working in for more renewed and more construc- gets right to the point, right to the a bipartisan manner towards recog- tive peace negotiations. point of what we need which is a nego- nizing the historic agreement in April But disengagement should not be tiated settlement between the parties. on some of the most important issues seen as a substitute for negotiation. This resolution preserves that right for in the Israeli-Palestinian conflict. Good faith negotiations are essential those parties. This resolution puts Congress on record today to express unwavering to any long-term reconciliation. The Mr. Speaker, we can never say it support for the position we took in re- evacuation of Gaza must be seen as a enough, America’s commitment to the sponse to the ongoing failure of the first step but not the last in a com- safety and security of the State of Palestinian authority to crack down on prehensive peace process. Simply on its Israel is unwavering. There are un- breakable bonds of friendship between terrorist attacks, dismantle terrorist own, withdrawal of Gaza will not result the United States of America and the organizations, or achieve political rein peace or security for Israel. The end State of Israel. That is for sure. The form inside the PA. goal must be mutually agreed-upon, United States stands with Israel be- We join with Israel in this fight and negotiated solutions by all parties in- cause of our common interest, our fun- we will do all that we can to root out volved that must address a host of damental from in the most basic of all threats to our mutual security and al- other key and sensitive issues. Only rights, the right to exist, the right to lies in the Mideast. This resolution then will long-term peace and stability live free from fear, the right to put our says to the people of Israel and to the be achievable. children on a school bus in the morning rest of the people of the Mideast that Finally, Mr. Speaker, let us not for- knowing that they will come home the United States will never leave get our diplomatic and our moral obli- safely in the afternoon. Israel’s side as a friend, as we have gation as well as our vital interest in Let there be no doubt the United since 1948 been the best friend America halting the cycle of violence and in re- States of America stands with the has in that area. We will remain united solving this protracted conflict. Our State of Israel because of those bonds by a common bond of common values, failure to actively engage in the Middle of friendship but really first, and more of mutual love for both freedom and East peace process has damaged our fundamentally, because it is in our na- liberty. international credibility and it has tional interest to stand with the State Mr. Speaker, this resolution and the hurt our ability to promote democracy of Israel. I view this resolution as an principles of the Mideast peace initia- in the region. endorsement of a fresh start. tive will help preserve both of our Na- As we consider this resolution today I listened intently to what my col- tions as unwavering symbols of free- we must urge the administration to leagues have said about concerns they dom where intolerance and terrorism bring both Israelis and Palestinians have about the plight of the Palestin- still threaten liberty and peace. back to the negotiating table, encour- ians in the region and I share them. Mr. LANTOS. Mr. Speaker, I yield 2 age both sides to live up to previous This resolution preserves the right for minutes to the gentleman from Ala- commitments, and to have all parties final negotiations between the parties bama (Mr. DAVIS) who, in this very rededicate themselves to the principles for those parties to resolve their dif- brief time with us has made a notable laid out in the so-called road map and ferences. It recognizes that for Israel to contributions to the work of his body. the quest for security and peace in the be secure and safe, it is important and Mr. DAVIS of Alabama. Mr. Speaker, Middle East. I believe that this resolu- necessary for there to be a Palestinian I thank my good friend from California tion can represent a good starting state. for his commitment and the power of point for long-term stability and peace So when the Prime Minister of Israel his example on this issue. in the region. Sharon announced withdrawal from Mr. Speaker, I did not want this de- Ms. ROS-LEHTINEN. Mr. Speaker, I Gaza, and we do not know the extent bate to end without adding my voice to yield an additional minute from our yet from the West Bank, I viewed it as it and my strong endorsement of this time to the gentleman from California a new, fresh opportunity for peace in resolution. It follows a very long, very (Mr. LANTOS) so that he can control it. the Middle East, which is in the na- enduring bipartisan tradition, one that The SPEAKER pro tempore. Without tional interest of our country and the says that we are two lonely defenders objection, the gentleman from Cali- international interest of the world and, of freedom, the United States and fornia will control an additonal certainly, the regional interest of those Israel. We are two lonely defenders in a minute. involved directly. very difficult neighborhood in this There was no objection. By passing this resolution, the House world and we do have a common obliga- Mr. LANTOS. Mr. Speaker, I thank of Representatives will affirm the sup- tion. my friend from Florida. port of the United States already con- And that is something else that Mr. Speaker, I yield 1 minute to the firmed by President Bush for Prime should be said from this side of the distinguished Democratic leader, the Minister Sharon’s withdrawal plan. aisle, and our leader alluded to it very gentlewoman from California (Ms. The principles endorsed by the resolu- well. A lot of us on this side of the aisle PELOSI), my dear friend and good col- tion are consistent with the framework have profound disagreements with the league. for peace previously outlined by Presi- administration over policy in Iraq. A Ms. PELOSI. Mr. Speaker, I wish to dent Clinton and intended to facilitate lot of us on this side of the aisle have commend and thank the distinguished the implementation for the road map profound disagreements with this ad- ranking member of the Committee on for peace. ministration over the skill with which

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.056 H23PT1 H4796 CONGRESSIONAL RECORD — HOUSE June 23, 2004 it has gone about building a new course (Mr. GREEN asked and was given the continued expansion in the settle- for Iraq and whether we should have permission to revise and extend his re- ments in the West Bank, because it is gone in the first place. But none of marks.) an impediment to ultimate settlement. that should obscure that the value be- Mr. GREEN of Texas. Mr. Speaker, I Mr. LANTOS. Mr. Speaker, I yield 1 hind that policy, if it is one of pro- rise in strong support of the resolution minute to the gentleman from Georgia moting democracy, if it is one of ex- reconfirming the commitment of the (Mr. SCOTT.) panding the frontier of freedom, that is United States and this House to sup- Mr. SCOTT of Georgia. Mr. Speaker, a value that we all share. port the people of Israel in their strug- I am very delighted to join my col- And when we think of Abu Ghraib gle for a lasting peace. Specifically, leagues in rising to offer great support and we think of all the mistakes that our resolution supports the principles for this resolution. It is so important have been made in the last year and a of peaceful resolution of the Israeli- and so timely at this time that this half, the fact that those values may Palestinian conflict the President Bush Congress of the United States stand not have been defended so well does not and Israeli Prime Minister Sharon laid united in their support of Israel. diminish the power of those values. out when they met on April 14 of this I was over in Israel just a few months And I would simply close on this ob- year. ago, and I had a wonderful visit; but servation: Whenever we think of our In absence of a viable Palestinian your heart goes out for the tenacity friends in Israel, their lonely struggle, peace partner with whom to negotiate, and the strength of Israeli people. They we should recall the words of an old Mr. Sharon has taken an unprece- are at the forefront in this world fight union general who came back to Get- dented step forward by planning to union terror, have been there for a long tysburg, an old Union soldier who came laterally disengage from Gaza and time. So it is very important for us to back to Gettysburg on the 50th anni- parts of the West Bank. recognize the heroic role and the heroic versary of that fight, he reminded his b 1330 struggle for world peace that Israel is daughter in a letter that when we talk Since these settlements are seen by in the forefront of, and it is very im- about the cause of the Civil War, he many as an obstacle to peace, this is a portant for us to recognize their strug- said, ‘‘The men who won that day will clear indication to the Palestinians gle and to give them the support as our always be right; the men who lost that that Israel is willing to make this ef- strongest allies in the region of the day will always be wrong.’’ fort to get the stalled peace process Middle East. So it is when it comes to freedom. moving again. Peace will not be pos- It is a great honor on my part to be Those of us who believe in it, those of sible, however, without the combined able to stand and give support to this us who promote the frontier of democ- commitment by Israel’s neighbors and resolution to a great nation that is racy shall always be right and those the Palestinian people to stop ter- fighting an extraordinary cause under who stand for oppression, rorism and stop supporting terrorism. extraordinary circumstances. authoritarianism, and who do not re- From my firsthand experience, from Ms. ROS-LEHTINEN. Mr. Speaker, I spect the dignity of men and women actually my first visit with the gen- yield an additional minute to the gentleman from California (Mr. LANTOS) shall always be wrong. I am proud to tleman from California (Mr. LANTOS) in support this resolution. 1993 and a visit since, it is clear that from our time. Mr. LANTOS. Mr. Speaker, I yield 1 there can be no lasting peace with Mr. LANTOS. Mr. Speaker, I want to minute to my colleague, the gentleman Israel if it has to constantly worry thank the gentlewoman from Florida from Washington (Mr. BAIRD). about combating terrorists against (Ms. ROS-LEHTINEN) for yielding me Mr. BAIRD. Mr. Speaker, because I Israeli citizens. this time. believe it is important for this institu- Mr. Speaker, I reserve the balance of Mr. Speaker, this is a historic resolution to express its ongoing support of my time. tion. It recognizes the security needs of Israel, because I believe that with- Mr. LANTOS. Mr. Speaker, I am very the State of Israel. It holds out the drawal from Gaza is an important step pleased to yield a minute to my good hope for peaceful negotiations once a towards peace in the region, because I friend, the gentleman from Washington negotiating partner is found on the deplore the attacks of terrorists on in- (Mr. INSLEE). Palestinian side, and it underscores bi- nocent civilians, I intend to support (Mr. INSLEE asked and was given partisan American support for peace, this resolution. permission to revise and extend his re- tranquility, progress, and security in I do want, however, to express two marks.) the region. concerns: First, I believe Mr. RAHALL Mr. INSLEE. Mr. Speaker, in seeking I am delighted that we are endorsing expressed a number of important con- a just and lasting peace in this region, both the President’s position and Sen- siderations and I believe those should I will be supporting this resolution, be- ator KERRY’s position, which on this be taken under the deliberation of this cause it does recognize a fundamental issue are identical. I urge all of my col- body. change in Israeli policy of now with- leagues to support this resolution. Second, in this resolution it com- drawing from at least a portion of the Mr. Speaker, I reserve the balance of mends principles outlined in the Presi- occupied territories, and we should rec- my time. dent’s letter. And I just would express ognize that although this seems an ob- Ms. ROS-LEHTINEN. Mr. Speaker, I one reservation about an element to vious first step, it is difficult in Israel; would like to close with the remainder the President’s letter. The President and we should recognize that accom- of the time that I have. wrote, ‘‘The United States will do its plishment. Mr. Speaker, in closing I would like utmost to prevent any attempt by any- But there are two points I want to to congratulate the gentleman from one to impose any other plan.’’ Now, I make. First, should these parties nego- California (Mr. LANTOS) for always think the President has put forward tiate ultimately some residence in being a leader on the human rights some sound points, but we have many Israel of a number of Palestinians that front and always being a strong sup- friends and allies within the region does not threaten the Jewish character porter of peace in the Middle East, and even and internationally, our friends in of the Israeli state, this Nation should I would like to highlight some of the Egypt and Jordan and elsewhere who not discourage that decision by these more critical principles that are out- may have some good ideas. parties. lined in the resolution that is before I believe that it would be a mistake And, secondly, we should not act as us. for us to say or assume that only our enablers by silence in either party’s I want to read just four of the Nation can put forward a good plan and taking actions that makes peace im- ‘‘whereas’’ clauses. It says, ‘‘Whereas that all other proposals will be re- possible. We should not enable Pal- in the April 14, 2004, letter the Presi- jected. I would encourage the President estinians’ violence by not being vocal dent stated that in light of new reali- and this body to consider various op- against it, and we should not enable ties on the ground in Israel, including tions. Israeli continued expansion in the West already existing major Israeli popu- Mr. LANTOS. Mr. Speaker, I yield 1 Bank, which is happening today. lation centers, it is unrealistic to ex- minute to the gentleman from Texas I stand in unison with my Israeli pect that the outcome of final status (Mr. GREEN), my good friend. friends who are speaking out against negotiations between Israel and the

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.048 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4797 Palestinians will be a full and complete Israel and the Palestinians, and all countries in mitment has suffered at the hands of contin- return to the armistice lines of 1949, the region and throughout the world, join to- ued bloodshed and disagreement. However, I but realistic to expect that any final gether to fight terrorism and dismantle terrorist believe we must push for follow-through on status agreement will only be achieved organizations. I think it is vitally important that the principles embodied in the Roadmap as a on the basis of mutually agreed the resolution reemphasizes the U.S. commit- building block for a viable Palestinian State changes that reflect these realities.’’ ment to the security of Israel, including secure, and secure Israel. Furthermore, it says, ‘‘Whereas, the recognized, and defensible borders, and to Given the lack of progress in tandem by President acknowledged that any preserving and strengthening the capability of Israel and the Palestinian Authority, the region agreed, just, fair and realistic frame- Israel to deter enemies and defend itself has suffered from the violence continuing to work for a solution to the Palestinian against any threat. engulf the region. The need to break the refugee issue as part of any final status However, I am concerned about the percep- deadlock is greatly apparent, and Prime Min- agreement will need to be found tion that the President’s letter prejudges the ister Sharon’s proposal for Israel to unilaterally through the establishment of a perma- final outcome of negotiations on issues like withdraw certain military installations and set- nent alternative and the settling of borders and refugees. It’s important to recog- tlements from the Gaza Strip and West Bank Palestinian refugees there rather than nize that Prime Minister Sharon’s plan cannot is an opportunity for progress toward peace. in Israel.’’ be seen as a substitute for negotiations, that Involvement by regional governments such as And, ‘‘Whereas, the principles exit is a first step, not the last. The plan can pro- Egypt in pressuring reforms from the Pales- pressed in President Bush’s letter will vide a window of opportunity, a short-term tinian Authority also hold promise that enhance the security of Israel and ad- opening that might enable the two parties to progress can be made. With continued in- vance the cause of peace in the Middle return to the negotiating table. Only there, volvement, we maintain the hope the next East.’’ through mutual agreement, can Israel and the steps will be done through successful negotia- Whereas, there will be no security for Palestinians resolve some of the most sen- tion and compromise. Israelis or Palestinians until Israel and sitive issues—and only then can there be real The resolution before us supports the con- the Palestinians, and all countries in peace and security for Israel, which is so vital cepts included in President Bush’s letter to the region and throughout the world, for Israel, the region and for the United States. Prime Minister Sharon dated April 14, 2004, join together to fight terrorism and Ms. KILPATRICK. Mr. Speaker, today the regarding recent actions taken by Israel and dismantle terrorist organizations.’’ House considered House Concurrent Resolu- the United States commitment to the peace And, ‘‘Whereas, the United States re- tion 460 regarding efforts to promote peace process. It includes a reaffirmation of Amer- mains committed to the security of and security regarding the Israeli-Palestinian ica’s commitment to Israel’s security and rein- Israel, including secure, recognized and conflict. I gave thorough consideration to the forces that Israelis and Palestinians, and all defensible borders, and to preserving resolution language and felt compelled to cast states in the region and beyond, must work to- and strengthening the capability of a nay vote. gether to fight terrorism. It also highlights high- Israel to deter enemies and defend I voted against the resolution because in my ly sensitive issues including future refugee re- itself against any threat.’’ congressional district I have one of the largest settlement and border lines based on negotia- And I think that on that wording, we Arab and Islamic populations in the nation. My tions, which have been part of peace talks can all come to agreement, because vote reflected my humanitarian instincts, and started under President Clinton. this resolution is in keeping with our my refusal to support language that was not While I would prefer the language in this national and international inclusive. Although I reject terrorism and inhu- resolution to more closely focus on the inter- antiterrorism goals, our hopes for a mane treatment by any person or government, national commitment to Middle East peace lasting and profound peace and for a re- I contend that the resolution failed to address and the obligations of the parties involved, I gion of freedom-loving nations based fundamental and grave implications regarding believe the intention of the resolution is con- on the rule of law, respect for human the dangerous and ongoing conflict in the re- sistent with the Roadmap for Peace, and I will rights, and fundamental freedoms; and gion. The resolution addressed Prime Minister support it. We must stay engaged in this mat- it shows a unity of purpose. Sharon’s efforts to promote peace and secu- ter and constantly work toward peace and se- It sends a message to the world that rity, and his dialog with President Bush. A curity for Israel and the Palestinian people. the policies relating to Israel’s security major failure of the resolution is that it did not Mr. PAUL. Mr. Speaker, I rise in opposition and existence as a Jewish state, relat- address other themes I consider important, to this legislation. As I have argued so many ing to peace for Israel and the Palestin- specifically, the pain and suffering occurring in times in the past when legislation like this is ians and relating to combating ter- the region. brought to the Floor of Congress, the resolu- rorism are not just the President’s Although the resolution addressed the tion before us is in actuality an endorsement policies or the position of the U.S. Con- Israeli-Palestinian conflict, it said nothing of our failed policy of foreign interventionism. gress but of the United States Govern- about the plight of Palestinian civilians. Addi- It attempts to create an illusion of our success ment as a whole. tionally, while Arab States are called upon to when the truth is rather different. It seeks not The path outlined in this resolution be part of the fight against terrorism, the reso- peace in the Middle East, but rather to justify is clear. And what awaits us at the end lution language did not acknowledge the dif- our continued meddling in the affairs of Israel of the road? Peace and stability. So let ficulties confronting Palestinians. While I rec- and the Palestinians. As recent history should us join together and vote overwhelm- ognize the efforts of Israel to make conces- make clear, our sustained involvement in that ingly for this measure. sions regarding thorny issues associated with part of the world has cost the American tax- Mr. Speaker, I have no further re- land settlements, I believe much more needs payer billions of dollars yet has delivered no quests for time, and I yield back the to be done. Finally, the resolution failed to results. On the contrary, despite our continued balance of my time. strike the humanitarian chord and sense of intervention and promises that the invasion of Mr. LANTOS. Mr. Speaker, I yield fairness that is essential if peace and security Iraq would solve the Israeli/Palestinian prob- myself such time as I may consume. are to be realized in that region of the world. lem the conflict appears as intractable as ever. If I might be permitted, I would like Mr. KIND. Mr. Speaker, United States lead- Mr. Speaker, this resolution in several to express our appreciation to the gen- ership in pursuit of peace in the Middle East places asserts that the United States is tleman from Illinois (Chairman HYDE) is essential if we are to help bring about an ‘‘strongly committed’’ to the security of Israel. for his extraordinary work in bringing equitable and fair peace accord between I find no provision in the Constitution that al- this resolution before the body. Israel and the Palestinians and end the blood- lows the United States Government to con- Mr. UDALL of Colorado. Mr. Speaker, I rise shed. The situation in the Middle East is a fiscate money from its own citizens and send in support of this resolution, and I would like dominant issue on the minds of people in the it overseas for the defense of a foreign coun- to elaborate upon the issues that are involved region and throughout the world, and we can- try. Further, this legislation promises that the in securing Israel and peace in the Middle not lose sight of the fact that stability in this United States ‘‘remains committed to . . . East. region is tied directly to our own national secu- Israel, including secure, recognized, and de- I support the statements in the resolution rity. fensible borders.’’ So we are pledging to de- declaring that the United States is strongly I applauded the United States leadership in fend Israel’s borders while we are not even committed to the security of Israel and its well- crafting the ‘‘Roadmap’’ to Middle East peace able to control our own borders. Shouldn’t we being as a Jewish state and that there will be coauthored by the European Union, Russia, be concentrating on fulfilling our constitutional no security for Israelis or Palestinians until and the United Nations. This promising com- obligations in our own country first, before we

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.050 H23PT1 H4798 CONGRESSIONAL RECORD — HOUSE June 23, 2004 go crusading around the world to protect for- root. I commend the leadership Egypt and Jor- final status negotiations ultimately resume. eign borders? dan have shown in this area, and welcome First, that the open-ended Palestinian claim to I do agree with one of the statements in this their continued efforts, which are alluded to in a right of return for refugees is demographi- legislation, though it is hardly necessary for us the Resolution under consideration. cally untenable for Israel’s future as a Jewish to affirm that which is self-evident: ‘‘. . . Israel As the House affirmed when it passed H.R. state. And second that existing demographics has the right to defend itself against terrorism, 1950, need to be taken into account in future nego- including the right to take actions against ter- The United States has a vital national se- tiations to provide Israel with secure, recog- rorist organizations that threaten the citizens curity interest in a Middle East in which two nized, and defensible borders and provide the of Israel.’’ Yes, they do. But do the Israelis states, Israel and Palestine, will live side by territory for a Palestinian state. side in peace and security, based on the really need the U.S. Congress to tell them Some say a clear U.S. position on these they are free to defend themselves? terms of United Nations Security Council Resolutions 242 and 338. A stable and peace- issues prejudges the outcome of the negotia- I also must object to the one-sidedness of ful Palestinian state is necessary to achieve tions, but these realities are the very same this legislation. Like so many that have come the security that Israel longs for. The Pales- principles that guided the peace effort initiated before it, this resolution takes sides in a con- tinian leadership and Israel should take con- by President Clinton at Camp David. Those flict that has nothing to do with us. Among crete steps to support the emergence of a negotiations failed not because of the U.S. po- other things, it affirms Israel as a ‘‘Jewish viable, credible Palestinian state. sition, but because Yasser Arafat responded state.’’ Is it really our business to endorse a I express full support for President Bush to Israel’s offer with terrorism and violence in- state church in a foreign country? What mes- when he said the following on April 14, 2004: stead of full-faith negotiations. sage does this send from the United States to I welcome the disengagement plan pre- The Israeli and Palestinian people deserve Israeli citizens who are not Jewish? pared by the Government of Israel, under a better future. I urge my colleagues to sup- Like my colleagues who have come to the which Israel would withdraw certain mili- port his resolution and the commitment of the floor to endorse this legislation, I would very tary installations and all settlements from Gaza, and withdraw certain military instal- United States to remain engaged and stand much like to see peace in the Middle East— prepared to broker a final status agreement and elsewhere in this troubled world. But this lations and settlements in the West Bank. These steps will mark real progress toward when a credible and willing Palestinian leader- is not the way to achieve that peace. As our realizing the vision I set forth in June of 2002 ship prepared to embrace peace emerges. Founders recognized, the best way for the of two states living side by side in peace and Mr. MATSUI. Mr. Speaker, this resolution af- United States to have peaceful relations with security, and make a real contribution to- firms Congress’s bipartisan support for the others is for Americans to trade freely with ward peace. principles outlined by President Bush and them. The best way to sow resentment and Even as we support Israel in the ways dis- Prime Minister Sharon regarding Israel’s pro- discontent among the other nations of the cussed in the Resolution, we also need to posed disengagement plan. Congressional world is for the United States to become en- keep in mind Israel’s commitments to the support for the disengagement from Gaza and tangled in alliances with one power against President and the American people that were removal of settlements is a positive step to- another power, to meddle in the affairs of part of the April 15 package. ward reducing tensions with the Palestinians other nations. One-sided legislation such as I will vote for this resolution for the reasons and could help revitalize the stalled Mideast this in reality just fuels the worst fears of the I have stated. It should not need to be said, peace process. Muslim world about the intentions of the but our support for Israel, or the Palestinians, Our nation’s support for Israel is of the ut- United States. Is this wise? does not imply support for actions that violate Mr. HYDE. Mr. Speaker, I rise in strong sup- most importance and could not be clearer. We human rights standards or the expectations stand firmly in support of Israel in the fight port of the pending resolution. The resolution established by the roadmap. Our credibility re- gives us the opportunity to express our sup- against terrorism. We must acknowledge the quires that we do not undermine our most im- strategic importance of Israel as the only de- port for the President’s statements about the portant policies in any of our actions or state- Israeli government’s plans to withdraw from its mocracy in the region and, above all, Israel’s ments. absolute right of self-defense. We will continue settlements from Gaza, and about other key Mr. WAXMAN. Mr. Speaker, I rise in strong matters related to the dispute between Israel to offer our steadfast support as Israel faces support of H. Con. Res. 460 and Prime Min- the ongoing threat of terrorism. and the Palestinians. ister Ariel Sharon’s proposed disengagement In 2000, then Israeli Prime Minister Barak Our debate today also gives us an oppor- plan to remove settlements and certain military and Palestinian Authority Chairman Arafat tunity to look at the larger picture. It is critical outposts from Gaza and areas of the West were close to forging an accord on final status that we continue to support President Bush’s Bank. performance-based, goal-driven roadmap to a This initiative gives hope for the future of issues, but Arafat walked away. There is no final and comprehensive settlement of the the peace process and the effort to end the doubt that Arafat is not capable of negotiating Israel-Palestinian conflict. Congress should suffering of the Israeli and Palestinian people. a peace agreement. At this time, Israel lacks join President Bush in pressing all parties to Since putting forth a bold peace initiative at a viable Palestinian partner to negotiate a take necessary steps toward peace, as pro- Camp David in 2000, the Israeli side has en- peace agreement, yet the people of Israel vided in the roadmap and in President Bush’s dured years of terrorist attacks that have taken continue to face the daily threat of suicide statement of April 14, 2004. the lives of nearly 1,000 civilians. Israeli troops bombers. This status quo is unacceptable. According to the roadmap, during Phase I, are now reengaged in Palestinian areas they The framework laid out by Prime Minister the Palestinians should, among other things, once hoped they had left for good. Sharon and President Bush provides a sound reiterate their commitment to a two-state solu- Among Palestinians there is also despair. basis for Israelis to live their lives with a de- tion, immediately undertake a cessation of vio- Instead of taking the measures to pursue creased threat of terror until a viable Pales- lence against Israelis and end official incite- statehood and independence, the Palestinian tinian partner emerges. ment, and reform their institutions. Israel leadership has recruited their children for sui- This resolution goes a long way toward ac- should begin with affirming its commitment to cide attacks, and weakened their economy knowledging the realities on the ground today a two-state solution, ending official incitement, with corruption and the siphoning of funds for and the impact they will have on final status and resuming security cooperation with the terrorist activities. negotiations. It recognizes that the Palestinian Palestinians; it should also freeze settlement The disengagement plan presents a much claim to a right of return beyond the borders activity, immediately dismantle unauthorized needed opportunity to reduce tensions, make of a future Palestinian state is demographically settlement outposts erected since March 2001, Israel more secure, and give the Palestinian untenable for Israel’s future as a Jewish state. and improve the humanitarian situation by lift- people an opportunity for self-governance. The As such, negotiations must ensure that Israel ing curfews and easing restrictions on the proposal will also set the stage for future ne- can live as an independent state within se- movement of persons and goods. gotiations by putting pressure on the Pales- cure, recognized and defensible borders that Despite the great political risks involved, it is tinian leadership to undertake the internal eco- reflect this reality. At the same time, we recog- essential not only for the United States, but nomic and political reforms necessary to im- nize the importance and support the establish- also for other governments in the region, to prove quality of life and build the institutions ment of a separate Palestinian state that can demonstrate their leadership by assisting the for statehood. live in peace with its neighbor, Israel. Palestinians and Israelis in fulfilling their re- I believe it is equally important that in en- Recently, Israel has been waging a signifi- sponsibilities. Such actions will create an envi- dorsing the Sharon initiative on April 14, the cant campaign to eliminate the terrorist threat, ronment conducive to real achievements on President also underscored two fundamental resulting in a three-month period of calm de- the ground, allowing for a true peace to take realities to be taken into consideration once spite terrorist groups’ intent to continue violent

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.056 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4799 attacks on Israelis. This period of calm com- partner for peace, that both peoples want to who would terrorize Israel, her people, and all bined with the steps taken in Sharon’s dis- end the current vicious stalemate, and that of those who desire freedom and peace. I be- engagement plan could provide an opportunity both peoples are prepared to make necessary lieve we must think proactively rather than re- compromises in order to achieve peace; to reassess of the status of peace negotiations Whereas each of the private initiatives ad- actively. We must ask ourselves, ‘‘how will and get the discussions back on track. dresses the fundamental requirements of supporting this plan affect our continued war It is our hope that the Israeli and Palestinian both peoples, including preservation of the against terrorism and what will be the eventual people ultimately live as independent nations Jewish, democratic nature of Israel with se- impact on Israel?’’ We must always be ready in peace and security. I sincerely hope these cure and defensible borders and the creation to re-evaluate our policies for the future in light new efforts will revitalize the stalled Mideast of a viable Palestinian state; and of current circumstances and reflection on his- peace process and bring all parties back to Whereas such peace initiatives dem- tory. the negotiating table. Until those negotiations onstrate that there are solutions to the con- Mr. Speaker, in resolving to support conflict and present precious opportunities to restart, the agreement reached by the Presi- end the violence and restart fruitful peace tinuing efforts to build the capacity and will of dent and Prime Minister Sharon will promote negotiations: Now, therefore, be it Palestinian institutions to fight terrorism, I fur- Israel’s continuing efforts to defend itself from Resolved, That the House of Representa- ther urge caution and great care to be taken terrorism, and Congress fully supports this tives— in distinguishing between those who have agreement. (1) applauds the courage and vision of proved themselves willing to work for peace Mr. STARK. Mr. Speaker, I rise in reluctant Israelis and Palestinians who are working and those who have continued in their battle opposition to this resolution. Like my col- together to conceive pragmatic, serious against it. plans for achieving peace; leagues, I support a strong and stable State of (2) calls on Israeli and Palestinian leaders Mr. BLUNT. Mr. Speaker, the House of Israel. Like my colleagues, I support the peace to capitalize on the opportunity offered by Representatives is committed to Israel’s de- process and fervently hope that peace will these peace initiatives; and fense as a sovereign, independent, Jewish someday come to this troubled land. This res- (3) urges the President of the United States state. Its democratically-elected leaders face olution, however, does not advance that proc- to encourage and embrace all serious efforts enormous challenges defending Israeli citizens ess in any helpful or meaningful way. to move away from violent military stale- in the face of a terrorist threat. This resolution does not call on both Israelis mate toward achieving Israeli-Palestinian In this resolution, the House applauds the peace. and Palestinians to work together to find a efforts of Israel’s Prime Minister, Ariel Sharon, peaceful solution to this conflict. In order to Mr. KUCINICH. Mr. Speaker, there is much to further the peace process through a plan to reach peace, all parties in the process must in H. Con. Res. 460 that I do support. I sup- withdraw from the Gaza Strip and to consider work together. This resolution does not make port the finding that ‘‘there will be no security current realities in future negotiations on that clear. for Israelis or Palestinians until Israel and the Israel’s borders and the status of Palestinian I am disappointed that the House Leader- Palestinians, and all countries in the region refugees. It also credits the President of the ship brought this resolution to the floor instead and throughout the world, join together to fight United States with having the courage to sup- of House Resolution 479, of which I am a co- terrorism and dismantle terrorist organiza- port the Israeli government in this effort. sponsor. House Resolution 479 applauds tions.’’ I support the finding that ‘‘the United Mr. Speaker, the President was absolutely Israelis and Palestinians who are working to- States remains committed to the security of right when he stated, on April 14th in a letter gether to conceive pragmatic, serious plans Israel, including secure, recognized and defen- to Prime Minister Sharon, that ‘‘it is unrealistic for achieving peace and encourages both sible borders, and to preserving and strength- to expect that the outcome of final status ne- Israeli and Palestinian leaders to capitalize on ening the capability of Israel to deter enemies gotiations between Israel and the Palestinians the opportunity offered by these peace initia- and defend itself against any threat.’’ And I will be a full and complete return to the armi- tives. I’m enclosing, for the record, a copy of support the right of Israel to defend itself stice lines of 1949.’’ He was also correct in ac- that resolution. against terrorism. knowledging that a final status agreement for Ultimately, Middle East peace can only be But what I do not support, and what I think Palestinian refugees will almost certainly not achieved with all parties working together to is inappropriate for Congress to do, is to pre- include their resettlement in the State of Israel. find a solution. To play a constructive role, the determine the outcome of certain questions None of this precludes the establishment of United States must be perceived by all parties that the Israelis and Palestinians must them- a Palestinian state. The President stated two as an honest, objective broker. This resolution selves decide. It is not the place of the U.S. years ago his vision of two states living side frustrates that goal. Congress, if we wish to preserve the U.S. as by side and remains committed to the Road H. RES. 479 an honest broker of a negotiated peace, to cir- Map as the only widely accepted path to cumscribe the rights of Palestinian refugees. It Whereas ending the violence and terror peace in the region. But, Mr. Speaker, as this that have devastated Israel, the West Bank, is not the place of the U.S. Congress to con- resolution accurately states, terrorist elements and Gaza since September 2000 is in the vital done, as ‘‘new realities on the ground in within Palestinian society must be defeated interests of the United States, Israel, and Israel,’’ unlawful settlements of Israelis in the and the rule of law must prevail in any newly the Palestinians; Occupied Territories. created Palestinian entity. And, perhaps as im- Whereas ongoing Israeli-Palestinian con- Congress did not have to make inappro- portantly, Arab states must state clearly that flict strengthens extremists and opponents priate judgments such as these to offer sup- they will live in peace with Israel and support of peace throughout the region, including port for the security of Israel. I believe that H. the emergence of a peaceful and democratic those who seek to undermine efforts by the Con. Res. 460 is more of a disservice than an United States to stabilize Iraq and those who Palestine. want to see conflict spread to other nations aid to the peaceful resolution of the conflict, An end to the Israel-Palestinian conflict pre- in the region; and for that reason, I must vote against it. sents huge challenges and requires difficult Whereas more than 3 years of violence, ter- Mr. FRANKS of Arizona. Mr. Speaker, I will decisions. Past leaders have opted for overly- ror, and escalating military engagement vote ‘‘Yes’’ on H. Con. Res. 460 because I simplified solutions that, I would argue, have have demonstrated that military means strongly support Israel and desire to promote made the problem worse. I strongly support alone will not solve the Israeli-Palestinian her security. However, I would like to express the President’s efforts to facilitate peace in the conflict; my hesitation and concern with certain as- region, and to give his backing to Israel’s Whereas despite mutual mistrust, anger, pects of the policy that the Resolution seems and pain, courageous and credible Israelis democratically-elected leaders as they work to and Palestinians have come together in a to affirm. I believe that it would be prudent to protect the citizens of Israel from terrorism. private capacity to develop serious model obtain some answers before we completely Mr. BLUMENAUER. Mr. Speaker, I strongly peace initiatives, like the People’s Voice Ini- commit to affirming the plan to resettle Israelis support an end to terror and violence in the tiative, One Voice, and the Geneva Accord; currently living in Gaza. It is important to know Middle East, so I voted for resolution sup- Whereas those initiatives, and other simi- what the United States’ commitment will be in porting peace between the Israelis and Pal- lar private efforts, are founded on the deter- supporting Prime Minister Sharon’s initiative, estinians, and American engagement. mination of Israelis and Palestinians to put including any undertaking regarding funding, At the same time, this resolution does not an end to decades of confrontation and con- humanitarian aid or other assistance, or mili- tell the whole story. It rightfully holds the Pal- flict and to live in peaceful coexistence, mutual dignity, and security, based on a just, tary personnel to police the area. estinians to their commitments, but says noth- lasting, and comprehensive peace and One of the major questions I have, Mr. ing about the commitments made by Israel to achieving historic reconciliation; Speaker, is whether supporting the Gaza pull- freeze all settlement growth and remove illegal Whereas those initiatives demonstrate out and a future Palestinian state is the proper outposts in the West Bank. It rightfully sup- that both Israelis and Palestinians have a diplomatic message we wish to send to those ports the withdrawal of Israeli settlements and

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.051 H23PT1 H4800 CONGRESSIONAL RECORD — HOUSE June 23, 2004 military installations from the Gaza Strip, but blight in our shared human history. The harm issues, the Democrats and Republicans in this says nothing about the need for a return to this conflict has caused spreads far beyond Congress stand with Israel. negotiations. the borders of Israel and it is incumbent upon Mr. PRICE of North Carolina. Mr. Speaker, The ultimate resolution of the Israeli-Pales- all who support freedom and peace to resolve I intend to vote for H. Con. Res. 460, a resolu- tinian conflict, the preservation of Israel as a this situation. tion regarding Israel’s security and the prin- Jewish and democratic state, and security for I am strongly committed to the security and ciples of Middle East peace. I welcome this Israel can only come through a negotiated so- well-being of a Jewish state, and like Presi- opportunity to explain my reasoning to my col- lution, the outline of which has been known for dent Bush, I do not believe lasting security leagues. years. President Bush has diminished Amer- and peace will come to the region until a two- The resolution, which was formulated with ica’s leadership role, despite backtracking only state solution is achieved and the Palestinian more than the usual bipartisan consultation, a week later in discussions with King Abdullah people and surrounding nations actively pur- affirms the goal of Israeli and Palestinian of Jordan. sue an end to terrorist organizations. Sadly, states ‘‘living side by side in peace and secu- American leadership is needed now more currently Israel has no partner for peace within rity.’’ It acknowledges, as President Clinton did than ever to re-engage with regional allies and the Palestinian leadership. As a result, both in the plan he offered at Taba, that the adjust- the Palestinian Authority to make the Israeli Israel and the Palestinian people are left to ment of boundaries must take into account the withdrawal from Gaza a success and to en- suffer. existence of Israeli population centers. But it sure that leaving Gaza is the first step towards Israel has a right to defend itself and its makes clear that final boundaries would be peace. Helping Israel and the Palestinians to people from violence and the threat of ter- subject to Israeli-Palestinian negotiation. Pre- live up to their previous commitments and re- rorism. To further the security of Israel, Prime sumably this would leave open the consider- newing negotiations can bring security to Minister Sharon will initiate a plan to withdraw ation of land swaps and the contiguity of Pal- Israel, independence to the Palestinians, and all Israeli villages and military personnel from estinian territory, as did the Taba proposal. peace to the region. An expression of support the Gaza Strip as well as other villages and The resolution has some curious and unfor- for Israel would be more effective if it dealt military personnel from the West Bank and ex- tunate omissions. There is no specific ref- with the entire picture. tend a temporary security fence. Like the reso- erence to settlement evacuation, the focus of Mr. ISSA. Mr. Speaker, I rise today to join lution we now consider, I fully support ‘‘efforts the plan by Prime Minister Sharon, for which my colleagues in expressing support for the vi- to continue working with others in the inter- the United States is offering support. There is sion for peace that President George Bush national community to build the capacity and no mention of the Road Map, our country’s outlined in his letter to Israeli Prime Minister will of the Palestinian institutions to fight ter- primary current diplomatic initiative, very much Ariel Sharon on April 14, 2004. Today we are rorism, dismantle terrorist organizations, and in need of invigoration. In a more positive omission, the resolution declines to endorse considering a resolution that affirms many of prevent the areas from which Israel has with- Israeli construction of a ‘‘security’’ fence. the principles laid out in the President’s letter. drawn from posing a threat to the security of On balance, the resolution offers a timely These principles include recognition that the Israel.’’ endorsement of the proposed evacuation of all United States remains committed to the peace Like so many on both sides of this conflict settlements in Gaza and some settlements in and security of the Israeli people. We believe and throughout the international community, I the West Bank. This proposal is under attack that peace cannot be achieved until all states remain hopeful that peace can and will be from the right wing of the Prime Minister’s own in the region, and the Palestinians themselves, achieved. My district is home to Seeds of party. It could be a first step toward returning join in the fight against terrorism. And we be- Peace, which brings young Israelis and Pal- to the path of negotiations envisioned in the lieve that Israel has a right to defend itself estinians together. I believe this is an ex- Roadmap, and for that reason I intend to vote against terrorism. tremely important program, and I believe we ‘‘yes.’’ But this resolution falls short of fully ex- must continue to support and encourage both Ms. WOOLSEY. Mr. Speaker, today this pressing the President’s vision as it was ar- diplomatic and personal dialogue between House passed a resolution expressing support ticulated in his letter. Along with assurances to Israel and Palestinians. for Israel’s right to exist as a Jewish state, ex- Israel, the President’s letter also acknowl- Mr. Speaker, again I would like to voice my pressing support for a two-state solution to the edges that peace is not possible without a support for H. Con. Res. 460, for lasting secu- Israeli-Palestinian conflict, and insisting that Palestinian state. As the President himself rity for the state of Israel and for peace in the the Palestinians and all Arab states create and said, this state must be ‘‘viable; contiguous, Middle East. utilize the capacity to dismantle terrorist orga- sovereign, and independent, so that the Pales- Mr. FROST. Mr. Speaker, I would like to ex- nizations and fight terrorism. These are all tinian people can build their own future.’’ press my support for the DeLay-Hoyer Israel things we should and must support. President Bush, as President Clinton did be- resolution and urge Congress to strongly en- But once again, this House has missed an fore him, understands that a lasting peace dorse the Sharon disengagement plan. Sharon opportunity to express support not only for cannot be achieved if the Palestinians are is pursuing this plan even in the face of oppo- Israel’s withdrawal from settlements in the Pal- consigned to live in cantons and denied basic sition from his own party. estinian territories, but also support for the re- rights as citizens of a nation state. This disengagement plan proves once again building of infrastructure in a future democratic This resolution makes only a passing ref- that Israel is willing to make difficult sacrifices Palestine. erence to a Palestinian state, thereby missing in order to pursue a peace agreement. Dis- This conflict isn’t about who has the strong- a critical aspect of the formula for peace. mantling settlements has always been dis- er military, and it’s not about lines in the sand. Without the hope of a Palestinian state or the cussed in the context of negotiations with the It’s about people’s lives, and it’s about the no- promise of democratic opportunity for the Pal- Palestinians, but offered only in exchange for tion that we humans are better than all the estinian people to live in their own country, an end to terrorism. Unfortunately, with Arafat death and destruction that’s become so com- lasting peace cannot be achieved. The true still in power, the continued terrorism against monplace. There are channels in place to hope for peace lies in a Palestinian right to Israeli civilians, and the political process on achieve peace; we must utilize them. I oppose self-determination. hold indefinitely, Israel is willing to take action unilateral action in peace just as I oppose uni- President Bush wisely recognized that, in for peace on its own. lateral action during war. Unilateralism may order to prevent the Palestinian ‘‘Right of Re- The United States is engaged in a war on work in the short term, but it is unsustainable turn’’ to the Israeli state, Palestinian refugees terrorism to defend our nation from the relent- in the long term. That’s why the U.S., the must be able to return to their own homeland. less men and women who hate our way of life world’s largest democracy, must provide lead- Without their own state, millions of Palestinian and seek our destruction. We are taking what- ership to both the Israelis and the Palestinians refugees around the world will remain state- ever steps are necessary to protect our citi- to take steps towards peace. less people. As long as this is the case, peace zens. I sincerely hope that a viable two state In 2002, President Bush established what will remain elusive. solution can soon be reached, but in the he called the ‘‘Road Map’’ to Peace in the Mr. Speaker, I appreciate this opportunity to meantime we must allow Israel, our friend, our Middle East. This Road Map established bilat- recognize the progress that President Bush ally, and a strong democracy that shares our eral, incremental steps that Israel and the Pal- has made toward a just and lasting peace. values to do the same. estinians must take to attain peace. The Quar- Mr. MICHAUD. Mr. Speaker, I rise today in Israel has enjoyed steadfast bipartisan sup- tet—composed of the U.N., the U.S., the EU, support of H. Con. Res. 460 and the principles port from Congress for years. This resolution and Russia—was intended to be the group it supports. by Mr. DELAY and Mr. HOYER will send a overseeing this process. But the Bush Admin- The conflict between Israel and the Pales- strong message to Israel that despite our par- istration has chosen rhetoric over action, let- tinian people has been a long and terrible tisan disputes on many foreign and domestic ters over deeds, meetings over negotiations.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.043 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4801 President Bush’s letter to Ariel Sharon—the chose to make the United States the first na- in a fight for its life. Israel’s enemies can ful- principles of which this resolution endorses— tion to recognize the new Jewish state in Pal- minate and dispense their vitriol. We know, is not suitable compensation for neglecting to estine. That historic decision put the United and we make clear today in this resolution that sit down with leaders on both sides to work States firmly in the camp of those who support a safe, secure Israel is the fundamental re- out a peaceful resolution of this long-standing the return of the Jewish people to Zion, with quirement on which Arab-Israeli peace can, crisis. full sovereignty over their affairs, and perfect one day we hope, be made. I again thank the This House must stop passing strongly- legitimacy in their right to live as a free and leaders of the House for bringing this impor- worded resolutions on behalf of a President independent people in their own homeland. tant resolution to the floor and I urge all Mem- who is unwilling to fully support those state- In the sixties and seventies, when the rest bers to join me in voting in support of it. ments through diplomatic means in the Middle of the world turned its back on Israel, during Mrs. MCCARTHY of New York. Mr. Speak- East. To achieve a real and lasting peace, we those years when the Arab states swore to er, I rise today on behalf of the people of the must instead engage in balanced efforts to re- destroy Israel and drive the Jews into the sea, 4th Congressional District to express my sup- establish trust, respect and cooperation be- it was the United States that sold Israel the port of the Hoyer-DeLay Israel Resolution, tween Israelis and Palestinians. arms it needed to defend itself. During the which intends to seek a peaceful resolution to Mr. DINGELL. Mr. Speaker, I rise today with eighties and nineties, as the threat of armed the Israeli-Palestinian conflict. regret and oppose the resolution on the floor. conflict began to fade with the supply of U.S. I have always been a strong supporter of My opposition to this resolution does not military equipment to the Israel Defense Israel and I believe the people of Israel have stem from favoring one side over another, but Forces, and diplomacy began to displace the a fundamental right to defend themselves rather because I favor peace above all else; threat of war, it was the United States that led against terrorism and those trying to destroy and like previous resolutions passed by this the world toward a peaceful resolution of the the freedoms and rights of Israel. As a mem- institution will not help to bring about peace, Arab-Israeli conflict. And so it is today. ber of the U.S.-Israel Security Caucus, I be- security, and prosperity to the suffering on Though many are now willing to grudgingly lieve the United States must assist Israel in its both sides of this conflict. accept Israel’s right to exist, they continue to fight against terrorism because it is the only This resolution, like past resolutions, allows resist its right to define its own identity as a democracy in the Middle East and has proven this Congress to emote, nothing more. It al- democratic Jewish state. In this resolution we to be a reliable ally. lows members—who take little real notice of make perfectly clear our ironclad support for The Hoyer-DeLay Israel Resolution begins the dreadful situation facing Israelis and Pal- this principle. the process of disengaging from the Gaza estinians—to feel good about ‘‘doing some- Though many are now willing to grudgingly Strip and parts of the West Bank and is a thing.’’ acknowledge that Israelis have the right to live positive step towards peace. I commend But in reality, what we are voting on makes in peace, they continue to shrink from recog- Prime Minister Ariel Sharon’s plan to begin no commitment about peace. It makes no ef- nizing Israel’s right to self-defense. In this res- this process regardless of the absence of a fort to find common ground. It doesn’t really olution we make perfectly clear our strong viable Palestinian peace partner with whom to hold terrorists accountable for the maelstrom support for that right, particularly in Israel’s de- negotiate. The process will only be successful of destruction and tragedy they have caused. cision to take the fight against terrorism di- if backed by a democratic ally, the United It doesn’t remove any illegal settlements. It rectly to those responsible for the violence. States. I recognize this resolution as an impor- doesn’t invigorate legitimate Palestinian de- Though many are now willing to concede tant initiative that will hopefully reduce ten- mocracy. And most of all, it doesn’t force our that Prime Minister Sharon’s plan for dis- sions with the Palestinians, perhaps revital- aggravatingly lethargic and timid peace initia- engagement from Gaza is an important step izing the seemingly stalled peace process. tives to the importance it deserves. forward, they continue to resist accepting this The Hoyer-DeLay agreement enunciates a The withdrawal of Israeli troops and settle- step as a demonstration of Israel’s genuine number of principles, which must be appro- ments from the Gaza is a good step. No one willingness to make sacrifices for peace. In priately addressed before a lasting peace set- can possibly deny it. But imposing a solution this resolution we make perfectly clear our ap- tlement can be reached. The resolution recog- on the Palestinians will land their problems not preciation for the real courage and powerful nizes the need for Israel to have defensible just on the doorstep of Israel, but on the door- leadership this step represents. borders reflecting demographic realities. It also step of the United States as well. Guileful advocates complain about Pales- appropriately recognizes the need for Pales- This withdrawal demands that it be followed tinian refugee rights and speak innocently of tinian refuges to understand they will not be by strong American action. I am afraid that their so-called ‘‘right of return.’’ We know this returning to Israel and the need for Palestin- this Congress and the current administration is no more than a call for Israel’s elimination ians to end their campaign of terror. These in- are unprepared to deal with a post-withdrawal by demographic means. Shrewd propa- tentions leave me hopeful in finding a way for- Palestinian entity. gandists blandly describe the Palestinian cam- ward toward a resolution of the dispute. I am pleased that the resolution makes clear paign of terror, of bus-bombings and mass- I have voiced my concerns on numerous oc- that this body supports a two state solution. I murder in pizzerias and discos as an ‘‘upris- casions that the United States must not dictate am also pleased that it encourages a continuing’’ and even have the nerve to complain of Israeli policy, but must encourage Israel to do ation of dialogue between the parties. its cost to Palestinian civilians. We know the what it believes is right to protect its people The commitments of finding peace do not terrorists come from among the Palestinian and prevent more Israeli deaths. I am pleased begin and end with one side. All sides, from people and it is incumbent on the Palestinian that the work of my colleagues and I is ensur- the parties on the ground, to those orches- people to stop them without reward. Naive dip- ing a steadfast commitment to Israel’s secu- trating the negotiations have responsibilities lomats urge Israel to once again shake hands rity, which includes intentions of securing de- that go far beyond what is on the floor today. with terrorist thugs whose promises are worth- fensible borders and preserving and strength- I am voting against this resolution not be- less and whose intentions are only of Israel’s ening Israel’s capacity to defend itself against cause of what it contains—although I do find ultimate demise. We know that political reform any threat or possible combination of threats. some of the word choices problematic—I am in the Palestinian Authority is an absolute pre- Israel and Palestine living side by side in voting against it because what it does not con- requisite to achieving peace. Outrage and bile peace and extended security is only a vision tain. That is, simply, a way to find peace in the are spent in unlimited quantities over Israeli that can be fully achieved if terrorism is fully bleakness following the collapse of Oslo. settlements, as if building a house and bomb- defeated. I have always been a strong sup- Mr. ACKERMAN. Mr. Speaker, I rise in ing a bus were somehow equivalent or even porter of Israel and will continue to support ef- strong support of H. Con. Res. 460, and I related. We know that Israel has already of- forts of this government to fight for the security thank the leadership on both sides of the aisle fered to make concessions for peace and that of Israel and the best interest of its people. for their efforts in bringing this important state- secure and recognized borders are essential Mr. MARKEY. Mr. Speaker, I rise in support ment of Congressional support for Israel to the for any final status agreement to hold. And we of House Concurrent Resolution 460, which floor. Few causes unite our political system as know too that ultimately, all the contentious endorses President Bush’s April 14, 2004 let- much as support for our beleaguered ally, our issues between Israelis and Palestinians, over ter embracing the disengagement plan pro- fellow democracy, the State of Israel, which security, borders, refugees, water, Jerusalem posed by Israeli Prime Minister Ariel Sharon to long before September 11th was fighting daily and many others, will have to be decided not unilaterally withdraw from Gaza and parts of against radical Islamist terrorism. on a battlefield, but at a bargaining table; not the West Bank. American support for Israel has been a key by suicide bombers but by negotiators. Critics have expressed concern that Presi- element of our foreign policy ever since Presi- Mr. Speaker, Israel is engaged, as it has dent Bush’s letter prejudges the final outcome dent Harry Truman defied his advisors and been since its first days as a sovereign state, of negotiations on sensitive issues like borders

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.048 H23PT1 H4802 CONGRESSIONAL RECORD — HOUSE June 23, 2004 and refugees. However, the President and solution to the conflict in the Middle East until HONORING 40TH ANNIVERSARY OF Secretary of State have indicated that it does the Palestinians renounce the use of terror PASSAGE OF CIVIL RIGHTS ACT not undermine the fundamental requirement and return to the negotiating table. Today, for OF 1964 that all issues be mutually agreed upon in final example, we know that Palestinian terrorists status negotiations. are continuing to smuggle guns and explo- Mr. SENSENBRENNER. Mr. Speak- The problem right now is that Israel has no sives from Egypt into Gaza. Recent press reer, I move to suspend the rules and reliable Palestinian partner capable of negoti- ports indicated that the terrorists are now agree to the resolution (H. Res. 676) ating a final status agreement. Israel’s dis- using an elaborate network of tunnels to carry recognizing and honoring the 40th an- engagement plan responds to the void left by out such smuggling. For example, a May 16, niversary of congressional passage of the failure of the current Palestinian leadership 2004 article that appeared in the Jerusalem the Civil Rights Act of 1964. to lead. I would also suggest that the Israeli Post reported that: disengagement initiative is in the interests of The Clerk read as follows: A short list of items smuggled via the tun- Israelis and Palestinians alike. It will help Pal- nels to terrorists in the Gaza Strip includes H. RES. 676 estinians to take concrete moves to establish Katyusha rockets, mortars, shoulder-mount- Whereas 2004 marks the 40th anniversary of a democratic state, and it will help preserve ed anti-aircraft missiles, antitank grenades, congressional passage of the Civil Rights Act both the Jewish and democratic character of large amounts of explosives, ammunition, of 1964 (Public Law 88–352); Israel over the long term while contributing to and rifles. The arms come from Egypt, Iraq, Whereas the Civil Rights Act of 1964 was its security. Sudan, and Libya. The underground smug- the result of decades of struggle and sacrifice It is also important to remember that policy gling is necessary because the navy has suc- of many Americans who fought for equality articulated in the President’s letter is con- cessfully blocked attempts by Palestinians and justice; sistent with the peace negotiations initiated by to smuggle weapons into Gaza via the sea. Whereas generations of Americans of every President Clinton at Camp David. Those nego- The army frequently conducts operations background supported Federal legislation to tiations took into account the fact that the Pal- along the Philadelphi Route and in the out- eliminate discrimination against African Americans; estinian claim to an open-ended right of return skirts of Rafah in an attempt to uncover and destroy the tunnels. One of the painstaking Whereas a civil rights movement developed would be demographically untenable for tasks is similar to that in which the five sol- to achieve the goal of equal rights for all Israel’s future as a Jewish state. The Clinton diers died on Wednesday evening: boring Americans; negotiations also operated on the premise that holes meters under the ground, placing ex- Whereas President John F. Kennedy on the final settlement negotiated in accordance plosives to blow up tunnels. June 11, 1963, in a nationally televised ad- with UN Resolutions 242 and 338 would in- The IDF has uncovered and destroyed 11 dress proposed that Congress pass a civil volve mutually agreed-upon adjustments to the tunnels this year—and close to 100 during the rights act to address the problem of invid- 1949 armistice lines to provide Israel with se- past three and a half years. ious discrimination; Whereas a broad coalition of civil rights, cure, recognized, and defensible borders that As Israel proceeds to withdraw from Gaza, reflect demographic realities and to provide labor, and religious organizations, culmi- the Bush Administration needs to put pressure nating in the 1963 march on Washington, cre- the Palestinians with territory for their own on the Egyptian government to shut down ated national support for civil rights legisla- state. these terrorist smuggling tunnels. Egypt is a tion; By passing this resolution today and ex- substantial recipient of U.S. economic aid and Whereas during consideration of the bill a pressing its support for the April 14 letter and an ally of the U.S., and it has a responsibility historic prohibition against discrimination the disengagement plan, I believe Congress to ensure that its borders are not being used based on sex was added; can help show its support for an enduring and Whereas the Congress of the United States by terrorist organizations seeking to smuggle sustainable peace settlement in the Middle passed the Civil Rights Act of 1964, and weapons into Gaza for use in terrorist attacks East. President Lyndon Johnson signed the bill Months of cooperation and shuttle diplo- against Israel. The President and Secretary of into law on July 2, 1964; macy between Washington and Jerusalem led State Colin Powell need to take forceful action Whereas the Civil Rights Act of 1964, to a White House meeting on April 14th, 2004 now to convince Egypt to shut down all of among other things, prohibited the use of and an historic agreement between President these smuggling tunnels at once. Federal funds in a discriminatory fashion, In closing, I believe that this resolution re- barred unequal application of voter registra- Bush and Prime Minister Sharon on some of tion requirements, encouraged the desegre- the most important issues in the conflict. That flects the strong bipartisan support which ex- gation of public schools and authorized the agreement was included in a letter the Presi- ists in the Congress for Israel’s security, and United States Attorney General to file suits dent sent to Prime Minister Sharon, enun- for the conclusion of a Middle East Peace to force desegregation, banned discrimina- ciating a number of principles that are specifi- agreement that is consistent with the protection in hotels, motels, restaurants, theaters, cally referenced in the resolution before this tion of Israel’s security and self determination and all other places of public accommoda- House today, among them: The need for for the Palestinian people, including a Pales- tions engaged in interstate commerce, and Israel to have defensible borders that reflect tinian state. established the Equal Employment Oppor- demographic realities; the need for Palestinian tunity Commission; I urge adoption of the resolution. Whereas title VII of the Act not only pro- refugees to understand that they will not be Mr. LANOS. Mr. Speaker, I have no hibited discrimination by employers on the returning to Israel; the need for Palestinians to further requests for time, and I yield basis of race, color, national origin, and reli- end their campaign of terror and for Israel to back the balance of our time. gion but sex as well, thereby recognizing the have the ability to defend itself against that national problem of sex discrimination in The SPEAKER pro tempore (Mr. terror. the workplace; H. Con. Res. 460 strongly endorses the HASTINGS of Washington). The question Whereas the Congress of the United States principles articulated in the April 14th letter is on the motion offered by the gentle- has amended the Civil Rights Act of 1964 and sends a strong, bipartisan show of sup- woman from Florida (Ms. ROS- from time to time, with major changes that port for that agreement. LEHTINEN) that the House suspend the strengthened the Act; These principles are clearly framed as sub- rules and agree to the concurrent reso- Whereas the 1972 amendments, among lution, H. Con. Res. 460. other things, gave the Equal Employment ject to future negotiations between the parties. Opportunity Commission litigation author- They lay out basic parameters that reflect the The question was taken. ity, thereby giving the EEOC the right to sue reality of the Middle East today and, as such, The SPEAKER pro tempore. In the nongovernment respondents, made State and could play a useful role in helping promote re- opinion of the Chair, two-thirds of local governments subject to title VII of the alistic peace negotiations. those present have voted in the affirm- Act, made educational institutions subject The resolution also expresses support for ative. to title VII of the Act, and made the Federal ‘‘efforts to continue working with others in the Government subject to title VII, thereby Mr. LANTOS. Mr. Speaker, on that I international community to build the capacity prohibiting Federal executive agencies from demand the yeas and nays. and will of the Palestinian institutions to fight discriminating on the basis of race, color, terrorism, dismantle terrorist organizations, The yeas and nays were ordered. sex, religion, and national origin; The SPEAKER pro tempore. Pursu- Whereas the 1991 amendments to the Civil and prevent the areas from which Israel has Rights Act overruled several Supreme Court withdrawn from posing a threat to the security ant to clause 8 of rule XX and the decisions rendered in the late 1980s and al- of Israel.’’ Chair’s prior announcement, further lowed for the recovery of fees and costs in Such efforts are desperately needed, as it proceedings on this motion will be lawsuits where plaintiff prevailed, for jury will not be possible to reach a comprehensive postponed. trials, and for the recovery of compensatory

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.060 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4803 and punitive damages in intentional employ- Republican ranking member William It is difficult to overstate the impor- ment discrimination cases, and also ex- M. McCulloch joined with Democratic tance of the Civil Rights Act. It is a panded title VII protections to include con- chairman Emanuel Celler to guide the monumental achievement, reflecting gressional and high level political ap- bill through the House Committee on the best values of this Nation: equal- pointees; Whereas the Civil Rights Act of 1964 is the the Judiciary. Their efforts ultimately ity, fairness, and respect for the dig- most comprehensive civil rights legislation led 138 Republicans to join 152, mostly nity of all people. No one should forget in our Nation’s history; and Northern Democrats to overwhelm- how difficult it was to get this legisla- Whereas we applaud all those whose sup- ingly pass a compromise measure in tion through, how hard the forces of port and efforts lead to passage of the Civil the full House on February 10, 1964. bigotry fought its passage, how strong Rights Act of 1964: Now, therefore, be it In the Senate, bipartisanship was the resistance was, and still is, to its Resolved, That the House of Representa- even more important for passage of the enforcement. tives— act. Due to the rules of that body, a Reflecting on these past achieve- (1) recognizes and honors the 40th anniver- ments should be an occasion, most of sary of congressional passage of the Civil minority of Senators, mostly Southern Rights Act of 1964; and Democrats, were able to prevent a vote all, for us to learn from the past and to (2) encourages all Americans to recognize on the act for 52 days. Against this remember that our society has changed and celebrate the important historical mile- backdrop, Republican Minority Leader for the better. We can be more inclu- stone of the congressional passage of the Everett McKinley Dirksen succeeded in sive. We can fight Big Industry. We can Civil Rights Act of 1964. drafting an alternative clean bill with continue our progress as a Nation to- The SPEAKER pro tempore. Pursu- Majority Leader Mike Mansfield that ward the promise that all people are ant to the rule, the gentleman from kept most of the substantive provisions created equal and that our Nation will Wisconsin (Mr. SENSENBRENNER) and of the House bill, while tweaking it suf- treat every person in that spirit. the gentleman from Virginia (Mr. ficiently to gain the support of a few The resolution notes that the strug- SCOTT) each will control 20 minutes. swing Republican Senators. The Dirk- gle did not end with this watershed leg- The Chair recognizes the gentleman sen-Mansfield substitute worked. After islation. Rather, it marks an impor- from Wisconsin (Mr. SENSENBRENNER). an impassioned floor speech by Senator tant milestone in the fight against discrimination. GENERAL LEAVE Dirksen, the Senate voted 71 to 29 to Mr. SENSENBRENNER. Mr. Speak- invoke cloture on June 10, 1964. After a b 1345 er, I ask unanimous consent that all few more days of procedural wrangling, Today, as our Nation continues that Members may have 5 legislative days 28 Republicans joined with 45 Demo- fight, we should draw inspiration from within which to revise and extend their crats to pass the Civil Rights Act by a this achievement to move forward and remarks and include extraneous mate- 73 to 27 margin. tackle the remaining threats to equal- rial on H. Res. 676, currently under con- When the Senate-passed measure re- ity. This anniversary gives us the op- sideration. turned to the House for final action, a portunity to reflect and remember that The SPEAKER pro tempore. Is there bipartisan coalition succeeded in en- true progress is possible, even against objection to the request of the gen- suring that the bill would go to the tremendous odds. That experience tleman from Wisconsin? floor without an amendment. On July proves that we have no right to resign There was no objection. 2, 1964, the House passed the Civil ourselves to the remaining injustices Mr. SENSENBRENNER. Mr. Speak- Rights Act with yet another bipartisan because we know what is possible. er, I yield myself such time as I may vote of 289 to 126. The bill went to the I urge my colleagues to support the consume. White House where President Johnson resolution, and I commend the gentle- Mr. Speaker, I rise in support of H. signed it into law before a live tele- woman from Washington, DC, for intro- Res. 676, which recognizes the 40th an- vision audience the same day. ducing it. niversary of Congress’ passage of the The legislative history of the Civil Mr. Speaker, I reserve the balance of Civil Rights Act of 1964, and calls on all Rights Act demonstrates what can hap- my time. Americans to recognize and celebrate pen when Republicans and Democrats Mr. SCOTT of Virginia. Mr. Speaker, the historical milestone that it rep- work together. Neither side got every- I yield 4 minutes to the gentlewoman resents. thing it wanted, but they succeeded in from Washington, DC, (Ms. NORTON), The Civil Rights Act of 1964 has been passing landmark legislation that, the sponsor of the legislation. a cornerstone in the effort to end dis- while imperfect, did a great deal to Ms. NORTON. Mr. Speaker, I thank crimination on the basis of race, color, remedy discrimination and promote the gentleman from Virginia for yield- national origin, religion, and sex. It equality of all Americans, regardless of ing me this time, and I appreciate his has been used successfully by Federal color, creed, or sex. work in managing this bill and bring- prosecutors to desegregate hotels, mo- Passage of the Civil Rights Act of ing it forward on our side, and his own tels, restaurants, theaters, and other 1964 was one of the highlights of the work for civil rights in his own State places of public accommodation en- history of Congress, and I hope that all of Virginia. I want to thank the distin- gaged in interstate commerce. To- Members will join me in recognizing its guished chairman, the gentleman from gether with the Voting Rights Act of importance. Wisconsin (Mr. SENSENBRENNER), for 1965 and the Fair Housing Act of 1968, Mr. Speaker, I reserve the balance of his support and cosponsorship of this and the Supreme Court’s decision in my time. important resolution. I also want to Brown v. Board of Education, the Civil Mr. SCOTT of Virginia. Mr. Speaker, thank the ranking member, the gen- Rights Act of 1964 has done much to I yield myself such time as I may con- tleman from Michigan (Mr. CONYERS), remedy the sad legacy of discrimina- sume. for his work on the resolution as well tion in America. Mr. Speaker, I rise in support of the as for his steadfast effort of four dec- As I noted in my comments on the resolution which honors the 40th anni- ades in establishing and preserving resolution commemorating the 50th an- versary of the Civil Rights Act of 1964 civil and human rights in the Congress niversary of Brown on the House floor and the many civil rights advances and in our country. last month, the quest for civil rights since its enactment. Not surprisingly, but nevertheless has been, and must continue to be, a I want to first commend our col- with gratification, I note that this res- bipartisan effort. This was particularly league, the gentlewoman from the Dis- olution is also cosponsored by all the true in the passage of the 1964 Civil trict of Columbia, for introducing the members of the Congressional Black Rights Act. resolution. I also want the record to re- Caucus. Recognizing that segregationists in flect her long efforts to make real the As a former chair of the Equal Em- the Democratic Party could forestall promise of our civil rights laws as ployment Opportunity Commission, I the passage of any civil rights legisla- Chair of the Equal Employment Oppor- was pleased to introduce this resolution, the Kennedy administration ac- tunity Commission, working with the tion and to work with the gentleman tively sought to build a bipartisan con- New York Human Rights Commission from Wisconsin (Mr. SENSENBRENNER) sensus in favor of the bill from the mo- as a legal scholar, and a distinguished and the gentleman from Michigan (Mr. ment of its introduction. In that spirit, Member of this House. CONYERS) to perfect its wording.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.009 H23PT1 H4804 CONGRESSIONAL RECORD — HOUSE June 23, 2004 The 1964, Civil Rights Act was en- periods in the history of our country ally televised address to the Nation acted during the most fruitful period and in the history of our struggle for and he urged the Congress to pass a for civil rights legislation in our his- civil rights. And for helping to organize Civil Rights Act. tory since the Civil War. President the march on Washington 41 years ago, The Congress debated the proposed Kennedy called on Congress to pass a I thank her, thank her for keeping the Act for many days, long nights, and it civil rights bill, and the great march faith, thank her for keeping her eyes was finally passed on July 2, 1964. on Washington of 1963 was perhaps the on the prize. Forty years ago, President Lyndon seminal event leading to passage. After Mr. Speaker, the Civil Rights Act of Johnson signed into law that Act. I much debate, on July 2, 1964, Congress 1964 just did not happen. It just did not think it is fitting and appropriate, Mr. passed the Act. President Lyndon happen. It took many years, many Speaker, for us to pause and celebrate Johnson, whose political skills and months of struggle on the part of a dis- the distance we have come and the dedication to civil rights were vital to ciplined and organized movement that progress we have made. Because of the passage, signed the bill into law. created a climate, created an environ- actions of hundreds of our citizens, and The 1964 Civil Rights Act is the most ment for action on the part of the because of the response of the United comprehensive civil rights legislation President of the United States and the States Congress, President John F. in the Nation’s history. The Act, Members of the Congress. Kennedy, and President Lyndon John- among other things, prohibits the use One must understand that in the son we have witnessed what I like to of Federal funds in a discriminatory American south during the 1950s and call a nonviolent revolution in Amer- fashion, bars unequal application of 1960s, there were signs that said, ica, a revolution of values, a revolution voter registration requirements, en- ‘‘white men, colored men; white of ideas. couraged the desegregation of public women, colored women; white waiting, Today, because of the actions of 1964, schools, and authorized the United colored waiting.’’ Segregation and dis- we are a better Nation, we are a better States Attorney General to file suits to crimination were the order of the day. people, better in the process of laying compel desegregation. And very impor- As a child growing up in the American down the burdens of race. The signs tantly in this period of many dem- south, and as a participant in the civil that I saw back then, the young people onstrations, it banned discrimination rights movement, I saw those signs. today will never see. The only place in hotels, motels, restaurants, thea- There were separate water fountains in they will see those signs will be in a ters, and all other places of public ac- department stores, in public buildings. museum, in a book, or a video. Those commodation engaged in interstate A sign in front of the fountain marked signs are gone, and they will never, commerce. ‘‘white’’ and a spigot marked ‘‘colored’’ ever return to America. Mr. SENSENBRENNER. Mr. Speak- The Act contained a historic prohibi- for people to get water to drink. er, I yield such time as he may con- tion against discrimination based on Black people could not go into a sume to the gentleman from California sex. That was inserted at the very end, store, buy a pair of shoes. And sometimes they were not even allowed to (Mr. COX). but has since changed the workplace Mr. COX. Mr. Speaker, I thank the and our country profoundly. try on those shoes. They would go into a store and they were not even allowed chairman for yielding me this time. Perhaps the most important provi- Today, we celebrate the anniversary to try on a suit, and women were not sion of this very important Act was the of the Civil Rights Act of 1964, which allowed to try on a dress. They were creation of the Equal Employment Op- was the subject of debate in this very portunity Commission, which was es- welcome to go into a drugstore to get body 40 years ago and which was en- tablished to administer the Nation’s a prescription filled, but they were not acted into law almost on this very day, first Federal antidiscrimination em- allowed to sit down at the lunch on July 2. This anniversary is impor- ployment law that had been a major counter and have a soda or something tant because guaranteeing the equal goal of African Americans throughout to eat. They had to take it out on the treatment, the equal recognition of the 20th Century. streets and stand up to drink or eat. every American before the law has Mr. Speaker, the 1964 Act is one of There were separate waiting rooms in been a work in progress for the en- the great milestones of the United bus stations and train stations. People tirety of the existence of this Nation States Congress. We see the fruits of could not stay in the same hotel. Peo- and it remains a work in progress still. the Act virtually everywhere in our ple could not ride in the same taxi It is important also because with this country. Forty years later, may the act cabs. enactment, the United States finally inspire us to continue to do what is When I look back on it, Mr. Speaker, established in permanent, positive law necessary to arm the EEOC and the the drama of the movement, the sit- the fulfillment of the vision of the Justice Department, and to arm our- ins, the freedom rides, the stand-ins at grand words of our founders; that our selves to carry its work to completion. the theaters, the marches, all were the Nation would not treat its citizens dif- Mr. SCOTT of Virginia. Mr. Speaker, action of an ordinary people using the ferently any more than they are treat- I yield 5 minutes to the gentleman philosophy and the discipline of non- ed differently in the eyes of God, their from Georgia (Mr. LEWIS), a stalwart in violence. People had been beaten, peo- creator. The Act said that we will not the Civil Rights movement. ple had been arrested and jailed, some tolerate discrimination against women Mr. LEWIS of Georgia. Mr. Speaker, had been shot and even killed. Medgar or against men of any race or back- I want to thank my friend and col- Evers was shot and killed in May of ground or belief, even when the offense league for yielding me this time. 1963 at his home in Jackson, Mis- is not committed by a State govern- Mr. Speaker, I rise today in support sissippi. Police Commissioner Bull ment or by the Federal Government. of House Resolution 676, recognizing Connor in Birmingham, Alabama, used When the Congress finished this mo- the 40th anniversary of the congres- fire hoses and dogs on nonviolent mentous work in 1964, our Nation had sional passage of the Civil Rights Act protestors. Four little girls were killed already made significant progress in of 1964. I want to thank my good friend while attending Sunday school on Sun- advancing the rights of women and mi- of many years, a colleague in the stu- day morning September 15, 1963, when norities. In 1964, Senator Margaret dent nonviolent coordinating com- their church was bombed. Because of Chase Smith became the first woman mittee during the early 1960s, the gen- what happened in Birmingham, Ala- to be considered by a major party for tlewoman from the District of Colum- bama, and other parts of the American nomination to the Presidency of the bia (Ms. NORTON), for bringing forth south, there was a sense of righteous United States. She finished second in this resolution. indignation. the balloting to Barry Goldwater. But In addition, Mr. Speaker, I want to All across America, by the hundreds in that same year, reflecting how far thank her for all of her hard work for and thousands, people started demand- we still had to go, and may have to go, many years for civil rights and social ing that the Federal Government act. a former Klu Klux Klansman filibus- justice, and for having the courage dur- People sent letters, telegrams, and pe- tered the Civil Rights Act on the floor ing and after law school at Yale Uni- titions to Members of Congress and to of the other body for 14 hours. versity to come south and work in Mis- the White House. And President Ken- History will record that one of the sissippi during one of the most difficult nedy responded on June 11 in a nation- great leaders in the passage of the 1964

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.066 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4805 Civil Rights Act was Senator Everett diers still give their lives to make oth- I hope, finally, that we will address Dirksen, who indeed led the fight to ers free is remind the world once again the question of an unequal criminal protect the rights of all Americans that our Nation stands for freedom and justice system because the Civil Rights here in the United States and, ulti- equality. To us, these are priceless. I Act of 1964 is that. It is the planting of mately, to extend that vision around commend the authors of this resolution the seed to ensure that all America the world. Today, we can look back at for so doing and urge its adoption. joins in civil rights, not just African the Civil Rights Act of 1964 in even Mr. SCOTT of Virginia. Mr. Speaker, Americans, not just Hispanics, but im- greater appreciation, if not awe, of its I yield 3 minutes to the gentlewoman migrants, Anglos, Asians and all will significance. from Texas (Ms. JACKSON-LEE), a mem- join together and recognize that this Remember that this legislation had ber of the Committee on the Judiciary. Nation is a better place if you acknowl- been enacted in prototypical form, in Ms. JACKSON-LEE of Texas. Mr. edge first that race is a factor in this the 19th century by this Congress, but Speaker, my first thought was to come country and if you acknowledge first it had been stricken down by the Su- to this podium with a prepared text to that we have not yet finished the jour- preme Court. In 1964, the Congress be able to salute the 40th anniversary ney for civil rights in America. acted and we made it stick. This legis- of the congressional passage of the Mr. Speaker, I rise in strong support of H. lation finally said to the world that if Civil Rights Act of 1964. But I thought Res. 676, a bill recognizing and honoring the you are an American, our government it would be more appropriate to speak 40th anniversary of Congressional passage of will protect your freedom not only from the heart and recollection of the the Civil Rights Act of 1964. It is imperative from outside aggressors, but from pain that was experienced by many in that we take a step back to recognize the those in your own country who would this country without the passage of years of bondage and enslavement; needless deny employment benefits to you or this act. lynching and bloodshed; and the years of dis- deny you access to a public place be- Might I first give my accolades and crimination and hatred that Civil Rights Act of cause of your race, color, religion, sex appreciation to the gentlewoman from 1964 sought to curtail. or national origin. the District of Columbia (Ms. NORTON) The legal protection of U.S. citizens, regard- This Act created a law enforcement for her fight on the battlefield for civil less of race, color, sex, religion and national organization, the Equal Employment rights; to the gentleman from Georgia origin against the vice of discrimination in the Opportunity Commission, and it en- (Mr. LEWIS), our own special icon and workplace and places of public accommoda- hanced the power of the U.S. Depart- warrior for peace; to the members of tion; the prohibition of unequal application of ment of Justice, which had been cre- the Committee on the Judiciary and voter registration requirements; the encour- ated initially to prevent discrimina- others, chairman and ranking member, agement of continued desegregation of public tion against American citizens. Now for allowing us this small moment of schools; and the establishment of the Equal the Department of Justice was given acknowledgment in the backdrop of the Employment Opportunity Commission highlight more tools to combat public and pri- death of Schwerner, Goodman and the basic tenets set forth in the Civil Rights vate discrimination. There were major Chaney, three young men of different Act of 1964. steps in continuing a national tradi- backgrounds and religious faiths who I speak out today to commemorate the tion of expanding protection for indi- came together in destiny down in Mis- progress we have made in casting out the de- viduals that dates back to the estab- sissippi just to be able to stand up for mons of prejudice and discrimination. I speak lishment of our Nation. the opportunity and freedom for a peo- out today to recognize the steps we have From the statement of equality in ple who had been disenfranchised from taken as a nation to get closer to the Amer- the first line of the Declaration of the time that they came to this Na- ican Creed. However, I must speak out today Independence to the founding of the tion. to call attention to the progress we have yet Republican Party for the purpose of op- Is it not interesting that the 1964 act to make in order to fulfill the tenets of Civil posing slavery in 1854, to the first at- prohibited discrimination, if you will, Rights Act of 1964. I speak out today to chal- tempts to enact effective civil rights in voter registration and public lenge this nation to uphold our founding prin- legislation in the years after the war, schools. Some would say, did we not ciples of equal opportunity for all, regardless to the establishment of voting rights have Brown v. Board of Education in of race, color, sex, religion and national origin. for women, to the defeat of fascism and 1954? And yet 10 years later we needed Despite the 40 year life span of the Civil Soviet communism, our Nation has the Civil Rights Act to encourage de- Rights Act of 1964, in 2004, we still attempt to moved deliberately, if not promptly, to segregation in our schools. There are take the life out of this act by violating its prin- become the Nation in which freedom reasons that many of us support spe- ciples. Although the U.S. Supreme Court af- for individuals is paramount. cific political philosophies because firmed Prairie View A&M University student Lyndon Baines Johnson, a President voter rights in 1979 when it was challenged in b 1400 from Texas, helped to be part of the Waller County, Texas, attempts to disenfran- As a legal act, the Civil Rights Act of movement of this bill and we had to or- chise Prairie View A&M University students 1964 required courage, persistence, and ganize, yes, some Southerners and continue today. dedication to enact. Countless lives Northerners and moderates, to come On November 5, 2003, the Waller County, were taken and sacrificed in attacks together to push for the support and Texas District Attorney requested that the against the ideas it embodies. There legislation of this bill. county Elections Administration bar the stu- were battles for this rule of law that But most of all I believe that this dents at Historically Black College Prairie View made it possible. America had its very day allows us to remember that we are A&M University from voting locally by virtue of own domestic terrorist organization, on a journey of freedom and that jour- his unilateral interpretation of ‘‘domicile’’ for the Ku Klux Klan, organized to murder ney is not yet complete, for now we voting purposes. Texas voter registration law opponents and to destroy the principle suffer with unequal educational sys- only requires a person to be a resident of the of freedom that we fight to protect tems in our public schools, inner cities county at least 30 days prior to the elections. today from terrorists around the world. that are crumbling; and, yes, we suffer African-American students represent the ma- As we memorialized President Reagan from an election system that is yet not jority of Prairie View A&M’s student body of a few weeks ago, we were reminded of fair. 7,000 members, and these students, con- our national mission to protect free- So I stand before you to acknowledge stitute a major voting bloc in Waller County. dom, and we once again heard the final the fact that we are grand and greater The District Attorney’s request sought to effec- line of the ‘‘Battle Hymn of the Repub- because of the 1964 Civil Rights Act; tively disenfranchise African-American college lic.’’ That simple line speaks to us even but what I would simply say to Amer- students in this area; as such, this request now as our soldiers are deployed ica, our journey is yet not finished and suggested a form of voter intimidation and around the world: ‘‘Let us die to make we would join together in working in likely had the effect of denying or abridging men free.’’ our Congress to be able to have a fair the right to vote on account of race or color. Forty years ago, this and the other and equitable system of health care, of Despite a prolonged dialogue with Texas offi- body approved the Civil Rights Act an educational system, and of an eco- cials regarding this matter, relief from the with overwhelming bipartisan support. nomic system that treats all of us fair- pressures and intimidation experienced by the What we do here today while our sol- ly. students when attempting to exercise their

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.068 H23PT1 H4806 CONGRESSIONAL RECORD — HOUSE June 23, 2004 rights was never provided. This example does It is ironic as I stand here, one of the other aspects of it in terms of my early not stand alone among the long list of dis- reasons that more Members are not in days as a civil rights attorney. criminatory acts that continue to plague our this Chamber right now is because at It was very meaningful to me. Cer- nation. this very moment an African American tainly the interpretations have meant I ask you, Mr. Speaker, my colleagues: Secretary of State is briefing the Con- worlds for the changes that have been Have we truly upheld the Civil Rights Act of gress. Another reason more Members implemented in this country and the 1964? If your answer is no, you are one step are not here is because at this very mo- model that this has set for other na- closer in helping us to realize our U.S. comment a young, dynamic black Demo- tions around the world, particularly in mitment to equality. You must now join the crat named Barak Obama is in this South Africa. I, therefore, would like front lines in the battle against discrimination building receiving members of the Con- to just register my heartfelt thanks to and injustice. If your answer is yes, I ask that gressional Black Caucus. A black Sec- all those who had a hand in passing you call your attention to all of the overt and retary of State; a black U.S. Senator this law and for all those who have covert discriminatory acts that occur across about-to-be, born in Illinois; a black paid the price and worked so hard to our nation, such as the attempted disenfran- national security adviser. Whatever we see that it is implemented in the way chisement of the Prairie View A&M University disagree on, that is an America that no that Congress intended. students in Waller County, Texas. one would have contemplated 40 years Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, in closing, I would like to ask ago. I yield myself the balance of my time. my colleagues to support H. Res. 676 be- I end just on this note. By thinking I again want to thank the gentle- cause of the significant and far-reaching im- about frankly a lot of people who never woman from the District of Columbia pact the Civil Rights Act of 1964 continues to had the chance to serve in this Cham- for her leadership. I urge Members to have on our nation. The Civil Rights Act of ber, all of the brilliant African Ameri- not only remember the need for the 1964 is one of the essential, yet fragile cans who were born too early to be in Civil Rights Act but also to commit to threads that keep our nation civil. In fact, the Congress, who were born too early to support its principles. passage of the Civil Rights Act of 1964, shape this country’s agenda, they could Mr. Speaker, I yield back the balance helped to mend our nation’s worn fabric, tat- have been here if America had been a of my time. tered by hostility and hatred, into a nation that little bit fairer and if our dream had Mr. SENSENBRENNER. Mr. Speak- strives for the liberties and rights of all. been a little bit more secure in this er, I yield myself the balance of my The fight to achieve equality is by far not country. time. over, but honoring and reflecting upon legisla- They are really the people we ought Mr. Speaker, in listening to my tion such as the Civil Rights Act of 1964 will to be thinking about today in some friends from the other side of the aisle bring this nation one step closer to upholding sense because when that Congress talk in support of this very important unity and justice for all. I implore all of my col- passed the civil rights law and Lyndon and meritorious resolution, they seem leagues to keep the spirit of equality and Johnson signed it into law, this is what to have forgotten that the advances of equal opportunity, the spirit of the Civil Rights it did: it created an America where tal- civil rights that were passed in Con- Act alive, when governing this nation. As an ent is the outer limit of what you can gress in the 1960s were only made pos- original cosponsor of this bill, I find this resolu- be. And yes, as my friend from Texas sible due to the fact that civil rights tion not only pertinent, but a necessary re- said, we routinely fall short of that was a bipartisan project. Republicans minder to encourage us to move in the right goal, but at least we have it as a value, and Democrats joined together to pass nation, which is a nation for all. at least we have it as a goal; and it not only the civil rights bill of 1964 but Mr. SCOTT of Virginia. Mr. Speaker, somehow defines what we can be and the Voting Rights Act of 1965 and the I yield 3 minutes to the gentleman what we can still dream. Fair Housing Act of 1968. from Alabama (Mr. DAVIS). So as one young African American When we talk about civil rights in Mr. DAVIS of Alabama. Mr. Speaker, Member of this institution, I simply the 21st century, it seems to me that I thank my friend from the great State say this. We are so much freer than we we ought to hearken back on repeating of Virginia for yielding time. used to be as a country. We are also so what worked in the 20th century. I did Mr. Speaker, there are three of us much more American. not hear very much praise for the Re- who are African American who were Mr. SCOTT of Virginia. Mr. Speaker, publican efforts to get the civil rights not even born when this act was I yield such time as he may consume to acts passed. I would remind my friends passed: the gentleman from Tennessee the gentleman from Georgia (Mr. on the Democratic side of the aisle (Mr. FORD), the gentleman from Flor- BISHOP). that we are just as much for civil ida (Mr. MEEK), and me. I should begin Mr. BISHOP of Georgia. Mr. Speaker, rights as you are; and when we work on by saying that those of us who were let me thank my colleague from Vir- this on a bipartisan basis, we can ac- born in the late 1960s, we are not only ginia, and let me thank everyone who complish a lot more while each side the legatees of what was done here 40 has taken the time to commemorate maybe strikes a few fewer political years ago; we are very much the hope this very, very historic law. The Civil points. of what was done here 40 years ago. It Rights Act of 1964 certainly has I urge the adoption of this resolution. was somehow imagined by the people changed the history of America. It cer- Mr. VISCLOSKY. Mr. Speaker, it is my who sat in this Chamber 40 years ago tainly has affected my life and the honor to rise today in support of House Reso- close to this very day that if they made lives of many others who were simi- lution 676 and to celebrate the 40th anniver- this change in our laws that they larly situated, having grown up in the sary of congressional passage of the Civil would somehow open up the talent base segregated South in Mobile, Alabama; Rights Act of 1964. in this country, that they would some- having attended segregated schools; This landmark piece of legislation has been how build an America that had never having segregated public accommoda- a cornerstone of our democracy for the past been; and the fact that we commend tions. 40 years. The leaders who championed these this day shows us the continuing power I was just struck as I reflect every important protections were visionaries armed of law. day on how different life is today in with a truly moral cause. Congress sent the It is sometimes fashionable to say 2004 from the way that it was in 1964, Civil Rights Act to President Johnson who that you cannot legislate morality in the year that I graduated from high signed the measure into law on July 2, 1964. this country, and all of us have said school. I am grateful that this Nation That date will forever serve as the date our that on our favorite issue or another; passed through the Congress the Civil country embraced the fundamental right to but this is the reality: law can be used Rights Act of 1964. I am grateful that I equality. No longer would Americans tolerate to shape our moral character; law can had an opportunity as a young attor- injustice and discrimination. be used to set the boundaries of what ney with the NAACP Legal Defense and As the Representative of a racially, eth- we will tolerate and what we will not Educational Fund as an Earl Warren nically, and spiritually diverse constituency, I accept and that is exactly what we did Fellow to help in the implementation have witnessed the blending of cultures and 40 years ago. We used the power of law and the interpretation of the 1964 Civil the strong and vital community that has re- to shape the American dream and to Rights Act, particularly as it related sulted from those forces. The Civil Rights Act talk about its outer aspirations. to employment discrimination and the of 1964 was the pivotal moment in American

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.010 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4807 history that ensured the vitality of Northwest cured equal rights under the law for all Ameri- its insight—‘‘[A]ll progress is precarious, and Indiana, and all of our communities. Though cans—the importance of passage of this bill the solution of one problem brings us face to this legislation required decades of struggle cannot be overstated. face with another problem.’’ (Martin Luther and sacrifice in order to be realized, the gains In the early 1960s, millions of Americans King, Jr., ‘‘Strength to love,’’ 1963). I find we have been able to achieve as its result continued to suffer under the oppressive hand these words encouraging because they are have been unparalleled. of Jim Crow laws. The Freedom Rides of the wrought with optimism for the future. We are The Civil Rights Act of 1964 was passed in 1960s, led by religious leaders, civil rights ac- progressing steadily in our fight toward equal- the 88th Congress to enforce the constitutional tivists, students and many others, empowered ity, and although we have many more prob- right to vote, tackling discriminatory tests and African Americans to organize and attempt to lems to overcome and to confront, united, I obstacles placed in the path of many who vote throughout the Deep South. Many Free- am confident we will win this fight. sought to have a voice in their representation. dom Riders, such as Chaney, Schwerner and We must sustain the legacy of the Civil It banned discrimination in federally assisted Goodman gave their lives for the cause of Rights Act of 1964 by continuing to enact leg- programs and outlawed segregation in busi- equal rights for all. Their names are indelibly islation that represents what it stands for—our nesses such as theaters, restaurants, and ho- inked in our collective consciousness, but country’s highest ideals of equality and oppor- tels. Title VII of the Act took the fundamentally there were many equally brave and coura- tunity for all citizens. important step of prohibiting discrimination by geous individuals whose names will not be re- I call upon my colleagues to join me in hon- employers on the basis of race, color, national corded in the history books. However, none oring the 40th anniversary of the Civil Rights origin, religion or sex. It provided crucial en- are forgotten. Due to their courage, we cele- Act of 1964 by voting in favor of passage of forcement mechanisms, by enlisting the district brate the 40th anniversary of the passage of this resolution. courts, the Attorney General, the Commission the Civil Rights Act of 1964. I believe that Mr. HOYER. Mr. Speaker, I strongly support on Civil Rights, and the newly established commemorating passage of the Act reflects H.R. 676, which recognizes and honors the Commission on Equal Employment Oppor- our commitment to bring this Nation closer to 40th anniversary of congressional passage of tunity. Each provides vigorous and proactive the ideals and values that each of us holds the Civil Rights Act of 1964. protection of constitutional rights and takes ac- dear—equality for all. On July 2nd, we will mark the passage of Mr. Speaker, while I have come here to tion against those who continue to discrimi- this historic act, which finally guaranteed equal commemorate these great laws, I must also nate. This piece of legislation was a critical rights for minorities in America. It is hard to recognize that while the Act brought our Na- believe that it was only 40 years ago when, step in our Nation’s efforts to address the tion closer to fulfilling the promises guaranteed issues of fundamental rights and institutional- facing prejudice and stubborn odds, President in the Constitution, de facto discrimination Lyndon Johnson guided the Civil Rights Act ized discrimination. continues to pervade many of our institutions. This legislation was, above all ‘‘essentially through the House and Senate and signed Though we are a country on the brink of em- moral in character,’’ as Senate Minority Leader into law legislation that guaranteed rights that bodying a truly democratic Nation, we are also Everett M. Dirksen stated. Passing the legisla- so many of our fellow citizens had been de- a Nation grappling with ensuring that the goals nied. tion was the right thing to do at the time, and of the Act are achieved. We only need look to The Act made racial discrimination in public vigorously enforcing it is the right thing to do the 2000 Presidential Election in which many placed illegal and established standards to in our time. African Americans reported being turned away Mr. Speaker, at this time I ask that you and thwart the rigged voting system in the South. from voting polls. Our election process was my other distinguished colleagues join me in It also required employers to provide equal marred by the disenfranchisement of thou- recognizing that the Civil Rights Act of 1964 employment opportunities no matter a per- sands in Florida and on a smaller scale in was the result of many years of struggle and son’s race. Projects involving federal funds other states polling places. These incidents of could be halted if there was evidence of dis- sacrifice by Americans who fought for equality disenfranchisement show that though we are crimination based on color, race or national or- and justice, to whom we owe a great debt of close, we are not there yet. gratitude. I applaud all those whose support Mr. Speaker, as we honor the enactment of igin. These are things inherent in our society and efforts led to the passage of the Civil this momentous law, it is imperative that we today, but for much of the 20th century, these Rights Act of 1964, the most comprehensive also acknowledge that many of our Nation’s protections only existed for white Americans— civil rights legislation in our Nation’s history. It communities have not progressed much since not blacks. is with great honor and pride that I commemo- 1964 and still suffer the ravages of discrimina- Mr. Speaker, were it not for the unshakable rate the 40th anniversary of this landmark leg- tion. Though the Civil Rights Act of 1964 faith and fierce determination of members of islation. brought us closer to dismantling the legacy of the civil rights movement—many who literally Mr. CUMMINGS. Mr. Speaker, I rise in sup- slavery, many American men, women and sacrificed their lives—the Civil Rights Act may port of H. Res. 676, a resolution recognizing children still feel its impact. Many of our have taken many more years to arrive. and honoring the 40th anniversary of the pas- schools remain segregated (de facto) and un- Our own colleague, and my good friend, sage of the Civil Rights Act of 1964, brought derfunded. In fact, the No Child Left Behind Senior Chief Deputy Whip JOHN LEWIS, was to the floor by ELEANOR HOLMES NORTON from Act, which authorizes funding and establishes one of the leaders of that civil rights move- the District of Columbia and spearheaded by accountability for our public schools, will be ment. He was just out of his teens when he the venerable House Judiciary Committee underfunded by at least $8 billion in the FY 05 was beaten because of his participation in the ranking member, Representative JOHN CON- budget. Many African Americans remain in the Freedom Rides. Yet he was not deterred. At YERS. I thank you both for your unwavering lowest economic brackets, where unemploy- the age of 23, he joined Dr. King on the steps leadership. ment often reaches double digits in some of the Lincoln Memorial for the March on Mr. Speaker, July 2, 2004 marks the 40th communities, including my own. Women still Washington, and in the years that followed, he anniversary of President Lyndon B. Johnson’s earn $0.76 on the dollar to men for the same continued the fight for freedom and human signing into law of the Civil Rights Act of 1964. work and the same hours. rights, despite more than 40 arrests, physical This landmark legislation ended the disenfran- On that note, as my time to speak is short, attacks and serious injuries. chisement of millions of Americans and struck I leave with two quotes from Reverend Dr. In the years that followed its passage, the a final blow to the Jim Crow laws that existed Martin Luther King, Jr., whose name is syn- Civil Rights Act opened doors and created op- in many parts of our country. onymous with the peaceful advancement of portunities for black and minority Americans As many of us know, the Civil Rights bill the civil rights movement. The first is one of that were long overdue. With federal protec- ended de jure segregation and discrimination my favorites and is taken from writings during tions, blacks could attend any school or uni- in public accommodations, publicly owned or his time spent imprisoned for standing up to versity, be hired for any job, and finally enjoy operated facilities and schools, employment the ugly face of discrimination and segrega- the Constitutional freedoms so many of us and union membership, and voter registration. tion—‘‘injustice anywhere is a threat to justice take for granted. Just imagine what this country would be like everywhere.’’ (Letter from a Birmingham Jail, However, Mr. Speaker, despite much without the enactment of these laws—a coun- April 16, 1963). Until we promote economic progress, minority Americans still struggle for try where some people are treated like sec- and educational policies that level the playing equal access and advancement. Right now we ond-class citizens solely because of the color field for those that have been left behind—left face a struggling economy that is not proof their skin? How atrocious a thought? Where behind many times in fact—then the injustice ducing enough jobs, and it has imposed even people are denied employment because of of second class citizenship will persist. greater hardships on minorities. Since March their color, national origin, religion or sex? The The last is a quote by Dr. King that is not 2000, black unemployment has soared to Civil Rights Act of 1964 and its progeny seas often quoted but is equally remarkable in nearly 11 percent, almost double that of

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JN7.016 H23PT1 H4808 CONGRESSIONAL RECORD — HOUSE June 23, 2004 whites. And there is still a glaring wage gap federal government regulatory power over SEC. 2. AGGRAVATED IDENTITY THEFT. confronting minorities in the workforce. Black every business that has any connection with (a) IN GENERAL.—Chapter 47 of title 18, men earned 73.9 percent of what white men interstate commerce. United States Code, is amended by adding after section 1028, the following: earned in 2002, measured by median full-time The Civil Rights act of 1964 not only vio- wages and salaries. That’s barely up from lated the Constitution and reduced individual ‘‘§ 1028A. Aggravated identity theft 73.4 percent a decade ago. liberty; it also failed to achieve its stated goals ‘‘(a) OFFENSES.— In our health system, minorities still repeat- of promoting racial harmony and a color-blind ‘‘(1) IN GENERAL.—Whoever, during and in re- edly receive inferior care. Last year’s Institute lation to any felony violation enumerated in society. Federal bureaucrats and judge’s can- subsection (c), knowingly transfers, possesses, or of Medicine report found that health care deliv- not read minds to see if actions are motivated uses, without lawful authority, a means of iden- ery is very unequal depending on the race or by racism. Therefore, the only way the federal tification of another person shall, in addition to ethnicity of the patient. That inequality is government could ensure an employer was the punishment provided for such felony, be thought to be a major reason that African- not violating the Civil Rights Act of 1964 was sentenced to a term of imprisonment of 2 years. Americans frequently have worse health out- to ensure that the racial composition of a ‘‘(2) TERRORISM OFFENSE.—Whoever, during comes than whites. The black infant mortality business’s workforce matched the racial com- and in relation to any felony violation enumer- rate in fact remains twice as high as the white position of a bureaucrat or judges defined ated in section 2332b(g)(5)(B), knowingly trans- rate, and 20 percent of black Americans lack fers, possesses, or uses, without lawful author- body of potential employees. Thus, bureau- ity, a means of identification of another person regular access to health care compared with crats began forcing employers to hire by racial or a false identification document shall, in addi- less than 16 percent of whites. quota. Racial quotas have not contributed to tion to the punishment provided for such felony, Without early and advanced education, indi- racial harmony or advanced the goal of a be sentenced to a term of imprisonment of 5 viduals face a great handicap in this world. color-blind society. Instead, these quotas en- years. Yet in our school system today separate and couraged racial balkanization, and fostered ra- ‘‘(b) CONSECUTIVE SENTENCE.—Notwith- unequal is still the reality in far too many cial strife. standing any other provision of law— places. Even in higher education, there exists Of course, America has made great strides ‘‘(1) a court shall not place on probation any a large gap between the percentage of whites person convicted of a violation of this section; in race relations over the past forty years. ‘‘(2) except as provided in paragraph (4), no with a college degree and the percentage of However, this progress is due to changes in term of imprisonment imposed on a person under blacks. public attitudes and private efforts. Relations this section shall run concurrently with any So Mr. Speaker, today let us acknowledge between the races have improved despite, not other term of imprisonment imposed on the per- that the Civil Rights Acts we passed in Con- because of, the 1964 Civil Rights Act. son under any other provision of law, including gress was a crucial step forward for our Na- In conclusion, Mr. Speaker, while I join in any term of imprisonment imposed for the felony tion. Our laws require vigilance so that every sponsors of H. Res. 676 in promoting racial during which the means of identification was citizen has an equal shot at the American harmony and individual liberty, the fact is the transferred, possessed, or used; dream. As Dr. Martin Luther King, Jr., said, ‘‘(3) in determining any term of imprisonment Civil Rights Act of 1964 did not accomplish to be imposed for the felony during which the ‘‘Human progress is neither automatic nor in- these goals. Instead, this law unconstitution- means of identification was transferred, pos- evitable . . . Every step toward the goal of ally expanded federal power, thus reducing lib- sessed, or used, a court shall not in any way re- justice requires sacrifice, suffering, and strug- erty. Furthermore, by prompting race-based duce the term to be imposed for such crime so as gle; the tireless exertions and passionate con- quotas, this law undermined efforts to achieve to compensate for, or otherwise take into ac- cern of dedicated individuals.’’ a color-blind society and increased racial count, any separate term of imprisonment im- Today, we must redouble our commitment strife. Therefore, I must oppose H. Res. 676. posed or to be imposed for a violation of this sec- to the Civil Rights Act and the America envi- Mr. SENSENBRENNER. Mr. Speak- tion; and ‘‘(4) a term of imprisonment imposed on a per- sioned by JOHN LEWIS and every citizen who er, I yield back the balance of my time. fought for equal rights four decades ago, and son for a violation of this section may, in the The SPEAKER pro tempore (Mr. discretion of the court, run concurrently, in continue the effort for justice and equality. We HASTINGS of Washington). The question whole or in part, only with another term of im- have not yet reached the Promised Land, but is on the motion offered by the gen- prisonment that is imposed by the court at the it is up to us to ensure that America achieves tleman from Wisconsin (Mr. SENSEN- same time on that person for an additional vio- the full measure of its promise. BRENNER) that the House suspend the lation of this section, provided that such discre- Mr. PAUL. Mr. Speaker, I rise to explain my rules and agree to the resolution, H. tion shall be exercised in accordance with any objection to H. Res. 676. I certainly join my Res. 676. applicable guidelines and policy statements colleagues in urging Americans to celebrate The question was taken. issued by the Sentencing Commission pursuant the progress this country has made in race re- to section 994 of title 28. The SPEAKER pro tempore. In the ‘‘(c) DEFINITION.—For purposes of this sec- lations. However, contrary to the claims of the opinion of the Chair, two-thirds of tion, the term ‘felony violation enumerated in supporters of the Civil Rights Act of 1964 and those present have voted in the affirm- subsection (c)’ means any offense that is a fel- the sponsors of H. Res. 676, the Civil Rights ative. ony violation of— Act of 1964 did not improve race relations or Mr. SCOTT of Virginia. Mr. Speaker, ‘‘(1) section 641 (relating to theft of public enhance freedom. Instead, the forced integra- on that I demand the yeas and nays. money, property, or rewards), section 656 (relat- tion dictated by the Civil Rights Act of 1964 in- The yeas and nays were ordered. ing to theft, embezzlement, or misapplication by creased racial tensions while diminishing indi- The SPEAKER pro tempore. Pursu- bank officer or employee), or section 664 (relating to theft from employee benefit plans); vidual liberty. ant to clause 8 of rule XX and the The Civil Rights Act of 1964 gave the fed- ‘‘(2) section 911 (relating to false personation Chair’s prior announcement, further of citizenship); eral government unprecedented power over proceedings on this motion will be ‘‘(3) section 922(a)(6) (relating to false state- the hiring, employee relations, and customer postponed. ments in connection with the acquisition of a service practices of every business in the f firearm); country. The result was a massive violation of ‘‘(4) any provision contained in this chapter the rights of private property and contract, IDENTITY THEFT PENALTY (relating to fraud and false statements), other which are the bedrocks of free society. The ENHANCEMENT ACT than this section or section 1028(a)(7); federal government has no legitimate authority Mr. SENSENBRENNER. Mr. Speak- ‘‘(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); to infringe on the rights of private property er, I move to suspend the rules and ‘‘(6) any provision contained in chapter 69 owners to use their property as they please pass the bill (H.R. 1731) to amend title (relating to nationality and citizenship); and to form (or not form) contracts with terms 18, United States Code, to establish ‘‘(7) any provision contained in chapter 75 mutually agreeable to all parties. The rights of penalties for aggravated identity theft, (relating to passports and visas); all private property owners, even those whose and for other purposes, as amended. ‘‘(8) section 523 of the Gramm-Leach-Bliley actions decent people find abhorrent, must be The Clerk read as follows: Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses); respected if we are to maintain a free society. H.R. 1731 This expansion of federal power was based ‘‘(9) section 243 or 266 of the Immigration and Be it enacted by the Senate and House of Rep- Nationality Act (8 U.S.C. 1253 and 1306) (relat- on an erroneous interpretation of the congres- resentatives of the United States of America in ing to willfully failing to leave the United States sional power to regulate interstate commerce. Congress assembled, after deportation and creating a counterfeit The framers of the Constitution intended the SECTION 1. SHORT TITLE. alien registration card); interstate commerce clause to create a free This Act may be cited as the ‘‘Identity Theft ‘‘(10) any provision contained in chapter 8 of trade zone among the states, not to give the Penalty Enhancement Act’’. title II of the Immigration and Nationality Act

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JN7.027 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4809 (8 U.S.C. 1321 et seq.) (relating to various immi- The Chair recognizes the gentleman In one such case, U.S. attorneys gration offenses); or from Wisconsin (Mr. SENSENBRENNER). charged a 33-year-old customer service ‘‘(11) section 208, 811, 1107(b), 1128B(a), or GENERAL LEAVE representative from Long Island, New 1632 of the Social Security Act (42 U.S.C. 408, York with identity theft and fraud. 1011, 1307(b), 1320a–7b(a), and 1383a) (relating Mr. SENSENBRENNER. Mr. Speak- to false statements relating to programs under er, I ask unanimous consent that all This individual was using his position the Act).’’. Members may have 5 legislative days at a company that provided computer (b) AMENDMENT TO CHAPTER ANALYSIS.—The within which to revise and extend their services to banks and lending compa- table of sections for chapter 47 of title 18, United remarks and include extraneous mate- nies to access personal consumer credit States Code, is amended by inserting after the rial on H.R. 1731, currently under con- information from three credit report- item relating to section 1028 the following new sideration. ing agencies. The scheme allowed him item: The SPEAKER pro tempore. Is there to access personal information of over ‘‘1028A. Aggravated identity theft.’’. objection to the request of the gen- 30,000 victims. (c) APPLICATION OF DEFINITIONS FROM SEC- tleman from Wisconsin? The insider threat from identity TION 1028.—Section 1028(d) of title 18, United There was no objection. theft and identity fraud is a threat to States Code, is amended by inserting ‘‘and sec- Mr. SENSENBRENNER. Mr. Speak- personal security as well as national tion 1028A’’ after ‘‘In this section’’. er, I yield myself such time as I may security. The U.S. Attorney in Atlanta SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. consume. charged 28 people as a part of a fraud Section 1028 of title 18, United States Code, is Mr. Speaker, identity theft and iden- ring to supply over 1,900 individuals amended— tity fraud are terms used to refer to all with fraudulent Social Security cards. (1) in subsection (a)(7)— types of crime in which someone The cards were supplied by a Social Se- (A) by striking ‘‘transfers’’ and inserting wrongfully obtains and uses another curity Administration clerk in ex- ‘‘transfers, possesses,’’; and person’s personal data in some way change for $70,000 in payoffs. (B) by striking ‘‘abet,’’ and inserting ‘‘abet, or Under current law, many identity in connection with,’’; that involves fraud or deception, typi- (2) in subsection (b)(1)(D), by striking ‘‘trans- cally for economic or other gain in- thieves are receiving short terms of im- fer’’ and inserting ‘‘transfer, possession,’’; cluding immigration benefits. prisonment or probation; however, (3) in subsection (b)(2), by striking ‘‘three The Federal Trade Commission re- many of these thieves will use false years’’ and inserting ‘‘5 years’’; and ceived 161,819 complaints of someone identities to commit much more seri- (4) in subsection (b)(4), by inserting after ‘‘fa- using another’s information in 2002. In ous crimes. Thus H.R. 1731 provides en- cilitate’’ the following: ‘‘an act of domestic ter- 2003 the FTC performed a random sam- hanced penalties for persons who steal rorism (as defined under section 2331(5) of this pling of households. The results from identities to commit terrorist acts, im- title) or’’. the survey suggest that almost 10 mil- migration violations, firearms offenses, SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SECTION 641. lion Americans were the victim of and other serious crimes. The bill The penultimate paragraph of section 641 of some form of ID theft within the last would amend current law to impose a title 18 of the United States Code is amended by year, which means that despite all of higher maximum penalty for identity inserting ‘‘in the aggregate, combining amounts the attention to this type of crime theft used to facilitate acts of ter- from all the counts for which the defendant is since September 11, 2001, the incidence rorism. convicted in a single case,’’ after ‘‘value of such of this crime is increasing. This legislation will allow prosecu- property’’ . As border security and international tors to identify identity thieves who SEC. 5. DIRECTIVE TO THE UNITED STATES SEN- cooperation increases to combat ter- steal an identity, sometimes hundreds TENCING COMMISSION. rorism, al Qaeda and other terrorist or- or even thousands of identities, for pur- (a) IN GENERAL.—Pursuant to its authority under section 994(p) of title 28, United States ganizations increasingly turn to stolen poses of committing one or more Code, and in accordance with this section, the identities to hide themselves from law crimes. Importantly, it will facilitate United States Sentencing Commission shall re- enforcement. For example, according the prosecution of terrorists who steal view and amend its guidelines and its policy to testimony from the Inspector Gen- identities with the intent of subse- statements to ensure that the guideline offense eral of the Social Security Administra- quently committing terrorists acts. It levels and enhancements appropriately punish tion, five Social Security numbers as- also directs the Sentencing Commis- identity theft offenses involving an abuse of po- sociated with some of the September 11 sion to apply the guidelines for abuse sition. terrorists appeared to be counterfeit. of trust to an insider who uses his posi- (b) REQUIREMENTS.—In carrying out this section, the United States Sentencing Commission One was assigned to a child and four of tion to steal identities. shall do the following: the terrorists were associated with I support this common sense legisla- (1) Amend U.S.S.G. section 3B1.3 (Abuse of multiple Social Security numbers. tion and urge my colleagues to join me Position of Trust of Use of Special Skill) to in its passage. 1615 apply to and punish offenses in which the de- b Mr. Speaker, I reserve the balance of fendant exceeds or abuses the authority of his Since September 11, 2001, Federal and my time. or her position in order to obtain unlawfully or State officials have taken notice of Mr. SCOTT of Virginia. Mr. Speaker, use without authority any means of identifica- this crime because of the potential I yield myself such time as I may con- tion, as defined section 1028(d)(4) of title 18, threat to security. But the cost to the sume. United States Code. consumer and corporations is equally (2) Ensure reasonable consistency with other Mr. Speaker, I rise in opposition to relevant directives, other sentencing guidelines, alarming. The FTC estimates that loss H.R. 1731. Although I agree with the and statutory provisions. to business and financial institutions purpose of the bill, my position is (3) Make any necessary and conforming from identity theft to be $47.6 billion based on the reliance in the bill of changes to the sentencing guidelines. per year. The costs to individual con- mandatory minimum sentencing. By (4) Ensure that the guidelines adequately meet sumers is estimated to be approxi- adding mandatory minimum sen- the purposes of sentencing set forth in section mately $5 billion a year. tencing and denying probation and con- 3553(a)(2) of title 18, United States Code. As this crime increases, we must find current sentences, the bill imposes un- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. new ways to combat it. Web sites de- necessary and unproductive restric- In addition to any other sums authorized to veloped by the FTC and consumer tions on the ability of the Sentencing be appropriated for this purpose, there is authorized to be appropriated to the Department of groups encourage consumers to protect Commission and judges, in individual Justice, for the investigation and prosecution of themselves by shredding mail and cases, to assure a rational and just sys- identity theft and related credit card and other keeping a close watch over their credit tem of sentencing as a whole and for fraud cases constituting felony violations of report. Yet the FTC statistics suggest individuals. law, $2,000,000 for fiscal year 2005 and $2,000,000 that identity thieves are obtaining an The notion that Congress is in a bet- for each of the 4 succeeding fiscal years. individual’s personal information for ter position to determine at the front The SPEAKER pro tempore. Pursu- misuse not only through ‘‘dumpster end what the sentence has to be for an ant to the rule the gentleman from diving’’ but also through accessing in- individual case than the judge who has Wisconsin (Mr. SENSENBRENNER) and formation that was originally collected heard the case and applies guidelines the gentleman from Virginia (Mr. for an authorized purpose, a so-called established by the sentencing profes- SCOTT) each will control 20 minutes. ‘‘insider threat.’’ sionals not only defeats the rational

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.011 H23PT1 H4810 CONGRESSIONAL RECORD — HOUSE June 23, 2004 sentencing system that Congress with the card stolen in one jurisdic- The Identity Theft Penalty Enhance- adopted but also makes no sense in our tion, purchases made in another juris- ment Act gives prosecutors greater separation of powers scheme of govern- diction, a suspect living entirely some- power in convicting and sentencing ance. Moreover, the notion of man- where else, and so the local place can- identity theft. First, it creates a new dating a 2-year or 5-year sentence to not effectively investigate these cases. separate crime of aggravated identity someone who is already willing to risk They can be solved because there is theft for any person who uses the iden- a 15-year sentence is not likely to add usually a paper trail leading right back tity of another person to commit cer- any deterrence. to the suspect, but it takes resources. tain felonies. It provides a separate Mandatory sentences do not work. Mandatory minimum sentences will do sentence of 2 years for most felonies They have been studied extensively and nothing in cases that are not inves- and 5 years for terror-related felonies have been shown to be ineffective in tigated and not prosecuted, and this is mandatory. It would run consecu- preventing crime. They distort the sen- bill does provide funds to investigate tively to any other sentences. tencing process. They discriminate and prosecute cases such as Senator Second, the bill lessens the burden against minorities in their application, DOMENICI’s. prosecutors face when seeking convic- and they waste money. In a study re- Unfortunately, Mr. Speaker, because tions of aggravated identity theft. port entitled ‘‘Mandatory Drug Sen- this bill primarily focuses on the nar- Under this bill, if a thief uses the sto- tences: Throwing Away the Key or the row piece of the identity theft problem, len identity in connection with another Taxpayers Money?’’ The Rand Corpora- much of which has nothing to do with Federal crime and the intent of the un- tion concluded that mandatory min- consumer identity theft, through the derlying Federal crime is proven, the imum sentences were less effective discredited and ineffective and costly prosecutor may not need to prove the than either discretionary sentencing or mechanism of mandatory minimum intent to use the false identity in a drug treatment in reducing drug-re- sentencing, I cannot support the bill. crime. lated crime and far more costly than Mr. Speaker, I reserve the balance of H.R. 1731 addresses the improper re- either. The Judicial Conference of the my time. ceipt that Social Security, Medicare, United States has reiterated its opposi- Mr. SENSENBRENNER. Mr. Speak- disability, veterans and other benefits tion to mandatory minimum sen- er, I yield 5 minutes to the gentleman by misuse of illegally obtained Social tencing over a dozen times to Congress, from Texas (Mr. CARTER). Security numbers. We have a responsi- noting that though sentences ‘‘severely Mr. CARTER. Mr. Speaker, I am bility to protect the benefit programs distort and damage the Federal sen- pleased to be the author and sponsor of of the Social Security Administration tencing system . . . undermine the H.R. 1731, the Identity Theft Penalty from these identity thieves. Sentencing Guideline regimen’’ estab- Enhancement Act, and appreciate the This legislation also addresses a lished by Congress to promote fairness support of the gentleman from Wis- prevalent mode of identity theft which is committed by insiders of organiza- and proportionality,’’ and ‘‘destroy consin (Chairman SENSENBRENNER) and honesty in sentencing by encouraging the fact that he advanced this impor- tions who illegally use or transfer indi- charge and fact plea bargains.’’ The tant legislation. I would also like to viduals’ identifying information which has been entrusted to them. This is an U.S. Sentencing Commission indicated thank the gentleman from California increasing problem which we must pro- its opposition to the Senate bill, which (Mr. SCHIFF) for his support as the lead tect all our consumers from. Last year is virtually identical to this bill, for co-sponsor on this bill. Texas witnessed an example of this similar reasons. This legislation addresses the grow- Both the Judicial Center in its study ing occurrences of identity theft. It when a University of Texas student report entitled ‘‘The General Effects of will facilitate the prosecution of crimi- who was trusted with access to the Mandatory Minimum Prison Terms: a nals who steal identities in order to University’s database stole 55,000 So- Longitudinal Study of Federal Sen- commit felonies. cial Security numbers, including one of my staffers. tences Imposed’’ and the United States Felonies arising from identity theft A recent report by researchers at Sentencing Commission in its study are a very serious problem. Four years Michigan State University estimates in a row, the Federal Trade Commis- entitled ‘‘Mandatory Minimum Pen- about half of all identity crimes were sion has reported identity theft as the alties in the Federal Criminal Justice the result of personal information number one consumer-reported com- System’’ found that minorities were being stolen from corporate databases. plaint filed with the Commission. More substantially more likely than whites This legislation directs the U.S. Sen- than 200,000 identity theft complaints under comparable circumstances to re- tencing Commission to amend its were reported in 2003. ceive mandatory minimum sentences. guidelines to appropriately punish ID Mr. Speaker, unfortunately, the men- The Sentencing Commission also re- theft offenses involving the abuse of a tions of ID theft are becoming all too flected that mandatory minimum sen- position. tences increased the disparity in sen- commonplace. Just recently, last I urge my fellow colleagues to favor- tencing of like offenders with no evi- month, I believe, two brothers were ably support H.R. 1731. And, again, I dence that mandatory minimum sen- convicted in Dallas of running an ID thank the chairman for his support and tencing had any more crime-reduction theft ring to buy luxury cars and ob- the hard work of his staff on behalf of impact than discretionary sentences. tain bank loans worth over $1 million, this legislation. Chief Justice Rehnquist has spoken sometimes using the names of dead Mr. SCOTT of Virginia. Mr. Speaker, often and loudly about these wasteful people. In Collin County, Texas, a I yield 5 minutes to the gentleman cost increases. One quote attributed to former Texas driver’s license bureau from California (Mr. SCHIFF), a distin- him says: ‘‘Mandatory minimums are clerk pleaded guilty to selling ID cards guished member of the Committee on perhaps a good example of the law of to illegal immigrants using stolen in- the Judiciary and a former assistant unintended consequences.’’ formation from immigration papers. U.S. Attorney. Mr. Speaker, there is one good part Just as concerning, the trafficking of Mr. SCHIFF. Mr. Speaker, I thank of the bill, and that is an authorization identities aids terrorist crimes. Terror- the gentleman for yielding me this for funding to investigate consumer ists can move more freely in the United time. credit card fraud cases. I introduced in States with illicit IDs, credit cards, I also want to thank the gentleman the committee a newspaper report of and other documentation. Insufficient from Wisconsin (Mr. SENSENBRENNER), an identity theft case in which a Sen- legislation and prosecution has allowed our distinguished chairman; and the ator from New Mexico, Senator DOMEN- a situation to arise where identities gentleman from North Carolina (Mr. ICI, was the victim. It involved about are easy to steal without fear of re- COBLE), subcommittee Chair, for mov- $800 worth of fraudulent credit card prisal. Last year, the U.S. Department ing this legislation through the Com- purchases. We checked with the FBI. of Homeland Security warned that mittee on the Judiciary and onto the No action is being taken on this case would-be terrorists may try to use sto- House floor. because of limitations on resources. len IDs, uniforms, and vehicles to enter I joined the gentleman from Texas That is not surprising because these sensitive facilities in order to carry out (Mr. CARTER) in introducing this legis- cases often involve stolen credit cards an attack. lation in response to the plague of

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.076 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4811 identity theft that has beset the coun- erally merged for sentencing purposes, case if they could assure Congress that try. Identity theft has now topped the prosecutors have little incentive to the judges are faithfully following the list of consumer complaints filed with charge identity theft. This current sen- sentencing guidelines that were passed the FTC for the last 4 years in a row, tencing structure and practice is 20 years ago at the time when Congress impacting millions of Americans and flawed because it does not reflect the abolished parole and passed the law es- costing consumers and businesses bil- impact on the victim, in addition to tablishing determinant sentencing. lions of dollars. the impact and loss to the financial in- Sadly, I am afraid the evidence does My home State of California ranks stitution. not support that. number three in the number of victims I was pleased to work with the gen- The most disturbing recent example of identity theft per capita with over tleman from Texas (Mr. CARTER) as of judges deciding to ignore the sen- 37,000 complaints reported by con- well as sponsors from the other body in tencing guideline’s recommendations sumers, costing over $40 million just order to make some additional im- comes from Supreme Court justice An- last year alone. Nationally, California provements to the bill in committee. thony Kennedy’s testimony before a cities crowd the top ten list of metro- These improvements respond to spe- House appropriations subcommittee in politan areas with the highest per cap- cific concerns that were raised by the which he stated that judges who depart ita rates of identity theft reported. The Social Security Administration. In ad- downward are courageous, and the Los Angeles-Long Beach metropolitan dition, we respond to the ever-growing judges should not have to blindly fol- area, which includes my district, is problem of insider theft. A peer review low unjust guidelines. particularly prone to such crimes and study will be coming out later this Now, Congress creates crimes, Con- ranks number two nationally with over year that will show perhaps as much as gress prescribes the penalties for 13,000 victims. 70 percent of identity theft cases are crimes, and the reason that there were A victim of identity theft usually facilitated through the workplace. sentencing guidelines passed to begin spends a year and a half working to re- Homeland security concerns have with was to prevent both prosecutors store his or her identity and good certainly highlighted the need to pro- and defense counsel from shopping name. Many of my constituents have tect against identity theft, given the around for judges to try cases that met contacted me. Many of my colleagues potential ease with which a terrorist with their own particular views on have heard similar urging that Con- can assimilate to or move about in our what the sentence should be, should gress act quickly and effectively to society with stolen identity docu- the defendant be convicted. crack down on this growing epidemic. ments. Well, because of statements like Jus- For this reason, I joined the gentleman In order total protect the good credit tice Kennedy’s, we now have to have from Texas (Mr. CARTER) in intro- of hard-working Americans and their mandatory minimums when we feel the ducing the Identity Theft Penalty En- reputations and to protect the home- crime is important enough that some- hancement Act, legislation that will land, the time to strengthen the law is body should at least spend a day in jail make it easier for prosecutors to target now. I also support the effort of the or more. That is why there are manda- those identity thieves who steal an gentleman from Virginia (Mr. SCOTT) tory minimums in the bill that is be- identity for the purpose of committing to increase the resources for the en- fore us that deals with identity theft other serious crimes. The bill will forcement of these laws. Merely in- and identity fraud. stiffen penalties to deter such offenses creasing the deterrent value is not I would urge the House to reject the and strengthen the ability of law en- enough if the resources lag behind. argument that mandatory minimums forcement to go after identity thieves I want to thank my colleague for all are bad per se. We need a mandatory and prove their case. his efforts along those lines, and again minimum in this burgeoning crime. I want to thank my colleagues, Mr. b 1430 urge support of this bill. Speaker, for acting on this piece of leg- Mr. Speaker, I yield back the balance Our legislation also makes changes islation, and urge their support. of my time. to close a number of gaps identified in Mr. SCOTT of Virginia. Mr. Speaker, The SPEAKER pro tempore (Mr. current Federal law. Identical legisla- I yield myself such time as I may con- HASTINGS of Washington). The question tion was introduced by Senators FEIN- sume. is on the motion offered by the gen- STEIN and KYL, passing by unanimous Mr. Speaker, I thank the gentleman tleman from Wisconsin (Mr. SENSEN- consent in the Senate in January of from California for his remarks and BRENNER) that the House suspend the last year. H.R. 1731 has also been en- also for his hard work on this legisla- rules and pass the bill, H.R. 1731, as dorsed by the Justice Department and tion. As I have indicated, I agree with amended. the Federal Trade Commission. the purpose of the legislation. How- The question was taken; and (two- I am very mindful of the reservations ever, I disagree with the use of the thirds having voted in favor thereof) that my colleague, the gentleman from mandatory minimums. the rules were suspended and the bill, Virginia (Mr. SCOTT) has expressed With mandatory minimums, low as amended, was passed. about mandatory minimums in gen- level offenders frequently get too much A motion to reconsider was laid on eral, and I share those concerns about time. The more serious violators often the table. the practice of mandatory minimums. I get too little time. That is why we think my difference with the gen- have the Sentencing Commission, that f tleman from Virginia (Mr. SCOTT) is why we have judges who will hear comes in where there are appropriate the evidence and impose the appro- LAW ENFORCEMENT OFFICERS exceptions. In this case, I believe there priate punishment in the individual SAFETY ACT OF 2003 is an appropriate exception, and I be- case. Mr. SENSENBRENNER. Mr. Speak- lieve the gentleman from Virginia (Mr. Mr. Speaker, I would hope that we er, I move to suspend the rules and SCOTT) believes this is not an appro- would reject the legislation so that we pass the bill (H.R. 218) to amend title priate case for an exception. But let me could eliminate the mandatory mini- 18, United States Code, to exempt outline why I believe that this is an ap- mums. qualified current and former law en- propriate exceptional case. Mr. Speaker, I yield back the balance forcement officers from State laws pro- First, we have the epidemic nature of of my time. hibiting the carrying of concealed the crime, which rather than abate has Mr. SENSENBRENNER. Mr. Speak- handguns, as amended. merely grown and proliferated over the er, I yield myself the balance of my The Clerk read as follows: last several years. time. H.R. 218 Second, because the enhanced pen- Mr. Speaker, the only opposition to Be it enacted by the Senate and House of Rep- alties are reserved for aggravated iden- this bill appears to come from those resentatives of the United States of America in tity theft, they must be committed in who are opposed in principle to manda- Congress assembled, connection with other serious felony tory minimum sentences. I think that SECTION 1. SHORT TITLE. offenses. But since the underlying of- opponents of mandatory minimums This Act may be cited as the ‘‘Law En- fense and the identity theft are gen- would have a much more compelling forcement Officers Safety Act of 2003’’.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.078 H23PT1 H4812 CONGRESSIONAL RECORD — HOUSE June 23, 2004 SEC. 2. EXEMPTION OF QUALIFIED LAW EN- ‘‘(1) permit private persons or entities to the gentleman from Virginia (Mr. FORCEMENT OFFICERS FROM STATE prohibit or restrict the possession of con- SCOTT) each will control 20 minutes. LAWS PROHIBITING THE CARRYING cealed firearms on their property; or OF CONCEALED FIREARMS. The Chair recognizes the gentleman ‘‘(2) prohibit or restrict the possession of (a) IN GENERAL.—Chapter 44 of title 18, from Wisconsin (Mr. SENSENBRENNER). firearms on any State or local government United States Code, is amended by inserting PARLIAMENTARY INQUIRY after section 926A the following: property, installation, building, base, or park. Mr. CUNNINGHAM. Mr. Speaker, I ‘‘§ 926B. Carrying of concealed firearms by ‘‘(c) As used in this section, the term have a parliamentary inquiry. qualified law enforcement officers ‘qualified retired law enforcement officer’ The SPEAKER pro tempore. The gen- ‘‘(a) Notwithstanding any other provision means an individual who— tleman will state his parliamentary in- of the law of any State or any political sub- ‘‘(1) retired in good standing from service division thereof, an individual who is a quali- quiry. with a public agency as a law enforcement Mr. CUNNINGHAM. Mr. Speaker, is fied law enforcement officer and who is car- officer, other than for reasons of mental in- rying the identification required by sub- it the committee position to pass this stability; section (d) may carry a concealed firearm ‘‘(2) before such retirement, was authorized bill? that has been shipped or transported in by law to engage in or supervise the preven- Mr. SENSENBRENNER. Mr. Speak- interstate or foreign commerce, subject to tion, detection, investigation, or prosecution er, will the gentleman yield? subsection (b). Mr. CUNNINGHAM. I yield to the ‘‘(b) This section shall not be construed to of, or the incarceration of any person for, supersede or limit the laws of any State any violation of law, and had statutory pow- gentleman from Wisconsin. that— ers of arrest; Mr. SENSENBRENNER. Mr. Speak- ‘‘(1) permit private persons or entities to ‘‘(3)(A) before such retirement, was regu- er, the committee position is to pass prohibit or restrict the possession of con- larly employed as a law enforcement officer the bill, and I have made the motion to cealed firearms on their property; or for an aggregate of 15 years or more; or do so. ‘‘(2) prohibit or restrict the possession of ‘‘(B) retired from service with such agency, Mr. CUNNINGHAM. Mr. Speaker, re- firearms on any State or local government after completing any applicable proba- tionary period of such service, due to a serv- claiming my time, is it the intent to property, installation, building, base, or divide time equally for and against the park. ice-connected disability, as determined by ‘‘(c) As used in this section, the term such agency; bill? ‘qualified law enforcement officer’ means an ‘‘(4) has a nonforfeitable right to benefits Mr. SENSENBRENNER. Mr. Speak- employee of a governmental agency who— under the retirement plan of the agency; er, if the gentleman will yield further, ‘‘(1) is authorized by law to engage in or ‘‘(5) during the most recent 12-month pe- it is the intent of the chairman of the supervise the prevention, detection, inves- riod, has met, at the expense of the indi- committee to divide time based upon tigation, or prosecution of, or the incarcer- vidual, the State’s standards for training and requests that are made by Republican ation of any person for, any violation of law, qualification for active law enforcement offi- and has statutory powers of arrest; cers to carry firearms; Members on this side. I have no idea ‘‘(2) is authorized by the agency to carry a ‘‘(6) is not under the influence of alcohol or how time on the Democratic side will firearm; another intoxicating or hallucinatory drug be divided, since I would assume that ‘‘(3) is not the subject of any disciplinary or substance; and the gentleman from Virginia (Mr. action by the agency; ‘‘(7) is not prohibited by Federal law from SCOTT), the ranking member of the sub- ‘‘(4) meets standards, if any, established by receiving a firearm. committee, will be recognized for 20 the agency which require the employee to ‘‘(d) The identification required by this minutes to manage the time on the regularly qualify in the use of a firearm; subsection is— Democratic side. ‘‘(5) is not under the influence of alcohol or ‘‘(1) a photographic identification issued by The SPEAKER pro tempore. In an- another intoxicating or hallucinatory drug the agency from which the individual retired or substance; and from service as a law enforcement officer swer to the gentleman’s previous in- ‘‘(6) is not prohibited by Federal law from that indicates that the individual has, not quiry, a motion that the House suspend receiving a firearm. less recently than one year before the date the rules is debatable for 40 minutes, ‘‘(d) The identification required by this the individual is carrying the concealed fire- one-half in favor of the motion, one- subsection is the photographic identification arm, been tested or otherwise found by the half in opposition thereto. issued by the governmental agency for which agency to meet the standards established by Mr. CUNNINGHAM. Mr. Speaker, fur- the individual is employed as a law enforce- the agency for training and qualification for ther parliamentary inquiry. Since the ment officer. active law enforcement officers to carry a ‘‘(e) As used in this section, the term ‘fire- chairman of this committee is opposed firearm of the same type as the concealed to his own committee’s position, is it arm’ does not include— firearm; or ‘‘(1) any machinegun (as defined in section ‘‘(2)(A) a photographic identification not uncommonly unfair to allow some- 5845 of the National Firearms Act); issued by the agency from which the indi- one opposed to the bill, A, to manage ‘‘(2) any firearm silencer (as defined in sec- vidual retired from service as a law enforce- the bill, and also to close? I understand tion 921 of this title); and ment officer; and the right to close at the end of the bill ‘‘(3) any destructive device (as defined in ‘‘(B) a certification issued by the State in in favor of the committee position. section 921 of this title).’’. which the individual resides that indicates (b) CLERICAL AMENDMENT.—The table of The SPEAKER pro tempore. The that the individual has, not less recently sections for such chapter is amended by in- chairman of the committee offered the serting after the item relating to section than one year before the date the individual motion to pass the bill. 926A the following: is carrying the concealed firearm, been tested or otherwise found by the State to meet Mr. CUNNINGHAM. Mr. Speaker, I ‘‘926B. Carrying of concealed firearms by the standards established by the State for find this uncommonly unfair. qualified law enforcement offi- training and qualification for active law en- GENERAL LEAVE cers.’’. forcement officers to carry a firearm of the Mr. SENSENBRENNER. Mr. Speak- SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW same type as the concealed firearm. ENFORCEMENT OFFICERS FROM er, I ask unanimous consent that all STATE LAWS PROHIBITING THE CAR- ‘‘(e) As used in this section, the term ‘fire- Members may have 5 legislative days RYING OF CONCEALED FIREARMS. arm’ does not include— within which to revise and extend their (a) IN GENERAL.—Chapter 44 of title 18, ‘‘(1) any machinegun (as defined in section remarks and include extraneous mate- 5845 of the National Firearms Act); United States Code, is further amended by rial on H.R. 218, as amended. inserting after section 926B the following: ‘‘(2) any firearm silencer (as defined in section 921 of this title); and The SPEAKER pro tempore. Is there ‘‘§ 926C. Carrying of concealed firearms by objection to the request of the gen- qualified retired law enforcement officers ‘‘(3) a destructive device (as defined in sec- ‘‘(a) Notwithstanding any other provision tion 921 of this title).’’. tleman from Wisconsin? of the law of any State or any political sub- (b) CLERICAL AMENDMENT.—The table of There was no objection. division thereof, an individual who is a quali- sections for such chapter is further amended Mr. SENSENBRENNER. Mr. Speak- fied retired law enforcement officer and who by inserting after the item relating to sec- er, I yield 4 minutes to the gentleman is carrying the identification required by tion 926B the following: from North Carolina (Mr. COBLE). subsection (d) may carry a concealed firearm ‘‘926C. Carrying of concealed firearms by Mr. COBLE. Mr. Speaker, I thank the that has been shipped or transported in qualified retired law enforce- gentleman from Wisconsin for yielding interstate or foreign commerce, subject to ment officers.’’. me time. subsection (b). ‘‘(b) This section shall not be construed to The SPEAKER pro tempore. Pursu- Mr. Speaker, as I said at the sub- supersede or limit the laws of any State ant to the rule, the gentleman from committee hearing and as I said at the that— Wisconsin (Mr. SENSENBRENNER) and full committee hearing, and as I will

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.012 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4813 reiterate today, reasonable men and hour period and not for the entire 3-day cers to join in such activities through women have adamantly supported this trip. a Federal law will certainly only add to bill before us, and reasonable men and I just want to clarify that if he does the problem. Therefore, any perceived women have adamantly opposed it. So carry his weapon during that 2-hour pe- benefit that could arise from such en- that is where we are. riod, he would not be subject to any gagement is of dubious value. Today I rise in support of H.R. 218, special penalty as a result of this law, Now, this is especially true when the Law Enforcement Officers Safety but rather would just be subject to there are officers from small jurisdic- Enhancement Act of 2003. H.R. 218 whatever the penalty is under the ap- tions who may not be trained in how to would exempt qualified current and plicable local law. tell fellow police officers from crimi- former law enforcement officers from I would ask my friend from Virginia, nals. Such training would be routine in State laws prohibiting the carrying of the ranking member, if that is his un- large cities; but if it is a small jurisdic- concealed firearms. derstanding as well. tion where everyone knows everybody, Currently, most States do not recog- Mr. SCOTT of Virginia. Mr. Speaker, that training would not take place. nize within their borders concealed will the gentleman yield? It is this specter of individually de- carry permits issued in other States. Mr. COBLE. I yield to the gentleman termined engagement in law enforce- This legislation, Mr. Speaker, would from Virginia. ment actions by out-of-state plain- allow active and retired law enforce- Mr. SCOTT of Virginia. Mr. Speaker, clothes off-duty officers who may not ment officers to carry a concealed the gentleman has correctly stated the be trained for specific situations that weapon in any of our 50 states. There intent of my amendment. gives police chiefs and local and State are important provisions in the bill Mr. COBLE. Mr. Speaker, reclaiming governments huge concern. Clearly, that require such officers to maintain my time, I thank the gentleman. they see these officers as more of a appropriate firearms training and to Mr. SCOTT of Virginia. Mr. Speaker, challenge to law enforcement than a carry identification recognizing their I yield myself 5 minutes. help. affiliation with a law enforcement Mr. Speaker, I rise in opposition to The bill not only takes away the agency. H.R. 218. This bill authorizes so-called ability for local law enforcement lead- Further, the bill has garnered tre- qualified active and retired Federal ers to manage concealed firearms ac- mendous bipartisan support, and re- and State law enforcement officers to tivities from out-of-state officers, but it also overrides the ability of the po- cently passed the House Committee on carry concealed weapons interstate lice department to regulate its own of- the Judiciary by a vote of 23 to 9. On without regard to State and local laws June 15, the Subcommittee on Crime, ficers. prohibiting or regulating such car- The bill overrides a police chief’s Terrorism, and Homeland Security riage. ability to regulate his own officers in held a legislative hearing on H.R. 218, ‘‘Law enforcement officer’’ includes what they do with their own private and some concerns were raised regard- corrections, probation, parole and judi- funds within their jurisdiction. It also ing States’ rights, coordinating ade- cial officers, as well as police, sheriffs eliminates control over concealed quate training standards and the liabil- and other law enforcement officials, weapons activities of retired officers ity problems that may arise by having and just about anybody who has statu- within their own jurisdiction. law enforcement officers using fire- tory power of arrest and anyone who is Now, it also even overrides a police arms outside of their respective juris- engaged through employment by a gov- chief’s ability to say what the officers dictions. ernment agency in the prevention, de- can do with agency-issued guns in their While there may be room for im- tection, investigation, supervision, possession within their own jurisdic- provement, I do believe that the bill prosecution or incarceration of law vio- tion. before us is a positive step toward en- lators. State legislatures can authorize out- suring that law enforcement officers b 1445 of-state off-duty officers to carry con- have the means to defend themselves cealed weapons within their jurisdic- and other innocent victims from poten- In the past, we have considered this tions. Some have, although most have tial acts of violence and crime. bill under the title, Community Pro- not. I do not know what the liability Mr. Speaker, having said that, I tection Act. The rhetoric surrounding implications are for local jurisdictions would, at this time, like to engage in a the bill was an indication that its pur- when officers become engaged in out- colloquy with my good friend, the dispose was to aid in protecting the public of-state shoot-outs. Which jurisdiction tinguished gentleman from Virginia by putting tens of thousands of addi- is liable for the conduct of the out-of- (Mr. SCOTT), who is the ranking mem- tional armed law enforcement officers state active or retired officer who may ber on the Committee on the Judiciary in a position to protect the public as be negligent? The jurisdiction viewed Subcommittee on Crime, Terrorism, officers travel from State to State and as allowing an unfamiliar, untrained and Homeland Security. jurisdiction to jurisdiction. officer to participate in the shoot-out The gentleman from Virginia (Mr. From the name of the current bill, it or the jurisdiction that issued the gun SCOTT) authored an amendment which appears that the emphasis now is on and certified the officer to carry it or passed the full committee, and which I the safety of the officers as they travel. other concealed weapons across State supported, and I think which was sup- Yet the language is exactly the same. lines? The liability insurance implica- ported in toto by the membership and One of the problems with even sug- tions alone should give Congress pause which is included in the version of the gesting that purpose of a Federal law is in imposing an interstate concealed- bill we are considering today, that for law enforcement officers to assist carry provision on State and local gov- would exclude someone from the defini- in protecting the public outside their ernments. tion of qualified law enforcement offi- jurisdictions is that it may give them Now, most organizations rep- cer if that person is under the influence encouragement or even a sense of obli- resenting policymakers in law enforce- of alcohol or any other intoxicating or gation to do so. ment, like police chiefs, have opposed hallucinatory drug. As I said, I sup- I submitted for the record in the this legislation. Congress should not ported the amendment. hearing before the subcommittee a usurp State and local control of law en- I just want to clarify that the amend- long list of articles and reports in in- forcement activities, as this bill will ment only applies during the time that stances where, even in the same juris- do. So we should oppose this bill. the officer involved is actually under diction, off-duty plainclothes law en- Mr. Speaker, I reserve the balance of the influence of the alcohol or drug. In forcement officers have shot, or been my time. other words, as an example, if an offi- shot by, other off-duty officers, or got- Mr. SENSENBRENNER. Mr. Speak- cer is going on a 3-day trip, for exam- ten shot by them or uniform officers, er, I yield 2 minutes to the gentleman ple, out of his home State, and he is in gun battles because the plainclothes from Florida (Mr. KELLER). going to be under the influence of alco- officers were mistaken as criminals. Mr. KELLER. Mr. Speaker, I thank hol or a drug during 2 hours of that If off-duty officers in the same juris- the gentleman from Wisconsin (Mr. trip, let us say, then he would only lose diction are being shot by their fellow SENSENBRENNER) for yielding me this his coverage under this bill for that 2 officers, encouraging out-of-state offi- time.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.083 H23PT1 H4814 CONGRESSIONAL RECORD — HOUSE June 23, 2004 Mr. Speaker, the Law Enforcement seems that the evolution of the funda- States. Yet Washington knows best. Officers Safety Act is a commonsense mental principle of the Reagan revolu- Let us just discard those 31 State laws piece of legislation that will make our tion is no longer operative in this that regulate the carrying of concealed communities safer by allowing quali- Chamber. I would suggest that a true weapons by on-duty officers in their ju- fied law enforcement officers to carry conservative should deplore what this risdictions. Of course, it also disregards their concealed firearms across State proposal does to that core American State laws that oppose conditions on lines. Criminals do not recognize juris- concept of Federalism. how and when retired officers may dictional boundaries, particularly when Mr. Speaker, I want to commend the carry a concealed weapon. And it ig- it comes to seeking revenge against the chairman of the full committee, the nores the reality that there has been police officers who arrested them. gentleman from Wisconsin (Mr. SEN- constructive and thoughtful delibera- If a doctor were traveling on vaca- SENBRENNER), for his opposition to this tive efforts by other State legislatures, tion and he came across a child in a bill. I agree with his statement that it as well as the State of New Jersey, traffic accident who needed CPR to is an affront to State sovereignty and that have addressed exactly these save his life, our society would expect the Constitution. In fact, what we are issues. These issues have been ad- the doctor to be a good Samaritan and doing is undermining the 10th amend- dressed in a thoughtful and delibera- save the child’s life, regardless of State ment, which reserves so many rights to tive way at the State and local level. boundaries. the States. We are doing it daily in this This bill does not limit the weapons Similarly, law enforcement officers Chamber, and we are doing it in a way that officers can carry, like some are, in effect, always on duty; and we that should cause every American cit- States do. This bill also does not limit are right to expect a police officer to izen, and particularly those who call the maximum age for an officer car- come to the aid of a crime victim, and themselves conservative, should cause rying a concealed weapon, like some we are right to give that police officer them profound concern. States do. And this bill does not allow the ability to provide that help by I can remember before I ran for office local departments to deny permits to passing this important law. to this branch, in the previous election retirees no matter where they come If our airline pilots have the ability there was much to-do about a so-called from, like some States do. Under this to carry firearms across jurisdictional Contract With America. Well, that con- proposal, a retired Customs inspector boundaries, surely our police officers tract seems to have been discarded. It from Alabama can come into Massa- should have that same right. no longer has value, presumably, at chusetts carrying a concealed weapon, Without this law, a police officer least political value. It is clear that and my local sheriff or my local police from Orlando, Florida, who wanted to States’ rights and local control are no chief can do nothing about it. take his family on a vacation to D.C. longer in vogue today. Washington With the passage of this bill, Con- to see the monuments would have to knows best. I guess that is the current gress will enable officers who retire or travel through six separate States refrain. The new term is ‘‘preemption.’’ resign, or resign while under investiga- where he would face an instant patch- Preemption of States’ rights. Preemp- tion for domestic abuse, racial work of concealed weapons laws which tion is a word we have heard a lot profiling, excessive force, or substance would make it legal for him to have a about. It does not just apply to our for- abuse to be eligible for a concealed gun in some jurisdictions and illegal in eign policy, I would suggest. It now ap- weapon permit. It is all too easy to others. This law solves that problem plies to American democracy. imagine a scenario where there will be and enhances the ability of that officer This bill represents a quantum leap, a tragedy under these circumstances, to defend his family and our commu- if you will, in terms of the erosion of and we will be responsible for it. The nities. the rights granted to States under the rationale often in support of this pro- For these reasons, I am proud to be a 10th amendment. It would amend title posal is that law enforcement officers, cosponsor of this legislation and was a XVIII to exempt current and retired whether active or retired, are never off vocal advocate in passing the bill law enforcement officers from State duty. Now, I have profound respect for the through the Committee on the Judici- and local laws that prohibit the car- hard work of law enforcement officials ary in a clean form. It is a very popular rying of concealed weapons. As the everywhere. I was part of them. I know bill. It has 296 cosponsors in the House. ranking member indicated, I served as them. But when they go off duty and It passed the Senate by a vote of 90 to the chief law enforcement officer, the travel to my State and to my home- 8 as an amendment to another piece of elected district attorney in metropoli- town, they should respect the rules and gun legislation. It is supported by po- tan Boston, for more than 20 years; and policies of the local police departments lice officers and other organizations I cannot understand why Congress be- and the communities where I live and across the U.S. lieves that it is in a better position where they are visitors. The Federal In summary, Mr. Speaker, this is a than State and local law enforcement Government should not strip sheriffs good bill, and I urge my colleagues to to make decisions as to what is best in and police officers of the authority and vote ‘‘yes’’ on H.R. 218. their jurisdictions. It was the former discretion to determine who can carry Mr. SCOTT of Virginia. Mr. Speaker, Chair of the Committee on the Judici- concealed weapons within their juris- I yield such time as he may consume to ary, the gentleman from Illinois (Mr. dictions. Why should Congress, of all the gentleman from Massachusetts HYDE), who made the statement a places, why should Congress decide if (Mr. DELAHUNT), a distinguished mem- while back that the best decisions on an off-duty or retired police officer ber of the Committee on the Judiciary fighting crime are made at the local from another State can carry a hidden and a highly respected district attor- level, not here in Washington. firearm into my community or into ney from Massachusetts. Congress has never passed a bill that your community? Mr. DELAHUNT. Mr. Speaker, I gives anyone a right to carry weapons Mr. Speaker, by no means does this thank the gentleman from Virginia in violation of State and local laws bill reflect Federal support for State (Mr. SCOTT) for yielding me this time, until now, in our entire constitutional and local law enforcement. It will not and I rise in opposition to this pro- history. Purportedly, involving public reduce violence; and I dare say, to the posal, which I consider dangerous as safety, this bill will allow people from contrary, it very well may undermine well as irresponsible. I guess the ques- out of State to come into my home public safety. tion that I would pose is, what has hap- State with a loaded, concealed weapon pened to States’ rights? without the duty to notify public safe- b 1500 The gentleman from Florida indi- ty officials in Massachusetts or in Bos- So, for all these reasons, I urge my cated that criminals do not respect ju- ton or in any community in the Com- colleagues to defeat this proposal. risdictional lines. That is true, they do monwealth of Massachusetts. Mr. SENSENBRENNER. Mr. Speak- not. However, the United States Con- The reality is that this legislation er, I yield 6 minutes to the gentleman stitution respects State lines and State will preempt, if you will, or supersede, from California (Mr. CUNNINGHAM), the boundaries, because the Founders be- the laws of 31 States that currently reauthor of the bill. lieved that Federalism was an impor- strict carrying a concealed weapon to Mr. CUNNINGHAM. Mr. Speaker, tant concept in our democracy. It on-duty officers. That is the law in 31 this bill has been a long time coming.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.084 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4815 And for those to say that this violates When they arrest somebody that is not Mr. Speaker, I rise in opposition to States rights, when they themselves always a good guy, their families are this legislation and urge my colleagues have voted for hundreds of bills on this getting killed when they retire. And to vote against it. floor against States rights, I think is they said, hey, we want protection. I would ask my colleagues to ignore an oxymoron. Give us protection against the bad the list of organizations that have sup- I also believe that one can spend this guys. Because they do carry weapons. ported the bill and read what the bill any way they want if one is opposed to I would like to submit, Mr. Speaker, does. In Federalist Paper number 45, it. But look who is for it. A super ma- the letter from the President of the James Madison, in explaining the divi- jority in the Senate has already passed United States. And I will read, ‘‘I am sion of power between the States and this bill, this House floor, over 300 pleased to offer my support for the Law the Federal Government envisioned, votes, on this floor. Enforcement Officers’ Safety Act. Our stated, ‘‘The powers reserved to the We have policemen in D.C. that gave Nation relies upon the men and women several States will extend to all objects their lives to save Members of Congress in law enforcement to keep the streets which, in the ordinary course of affairs, and they are waiting outside for the and neighborhoods safe. This legisla- concern the lives, liberties, and prop- passage of this bill, Mr. Speaker. They tion will better protect our Nation erties of the people, and the internal are so excited. This is the number one from danger by ensuring that these order, improvement, and prosperity of legislative act for law enforcement, the first responders are ready to handle an the State.’’ number one. During Memorial Day, we emergency, regardless of their location This legislation takes away the abil- mourned our law enforcement agents and duty status.’’ ity of the 50 States to govern their in- that we lost. They had us up on the The President is saying this helps us ternal order. Just look at the title of stage that support this bill as recogni- in homeland security. We will be the bill: ‘‘To amend title 18, United tion. Those in opposition can spin this struck, Mr. Speaker, by some terrorist States Code, to exempt qualified cur- any way they want. act. I think it is inevitable. And we rent and former law enforcement offi- Who else supports this bill? The want the people that are highly trained cers from State laws prohibiting the ranking member and the chairman in that protect us every day, to have the carrying of concealed weapons.’’ In ex- the subcommittee and the committee right to speak. ercising its authority to keep internal were overridden by their own com- Mr. Speaker, I think we owe it to the order, the State has traditionally con- mittee on the amendments. The Scott very people what support this bill trolled who, within its borders, may amendment, which is good, and I think across the land. They are waiting out- carry concealed weapons and when law it improves the bill, and it does. I wish side. I am not supposed to speak about enforcement officers may carry fire- I had thought of it. But in this body to who is in the gallery, Mr. Speaker, but arms. override a chairman and a ranking mi- I was if allowed to do that, I would say This legislation undermines the nority in their own committee takes that law enforcement agents are there power of the individual states and frus- guts, and it is guts because it supports to support this bill. And I do not know trates the principles of Federalism. As the right thing. what I can do to have a position sup- long as they do not infringe on the We all say we support law enforce- ported by the Senate super majority, a rights granted under the second ment. Well, they support this, even the super majority of this body, a super, amendment to the Constitution, laws Retired Chiefs of Police. We had a chief super majority of law enforcement regulating the carrying of concealed of police oppose this, but the Retired agents, and someone to oppose it is firearms should remain within the ju- Chiefs of Police support this bill. just wrong. risdiction of the State government If one looks at what this bill does, Mr. Speaker, I thank the chairman where they can be more effectively the training that is required, all of the for his courtesy of the 5 minutes and monitored and enforced. access to anyone that would use this extra minute, but I also would submit Currently Federal law is silent on the bill is in the bill. The liability itself is my disappointment that the control- issue of allowing State and local law in this bill. And I would say that if one ling of the time was not by the sub- enforcement officers to carry concealed takes a look also at who supports these committee as originally set, agreed weapons across State lines, allowing positions, they wrote this, the law en- upon, and that the right to close does each individual State to decide wheth- forcement agencies helped over the not fall on someone that supports this er or not it wishes and to what extent years write this bill. It helps them. If bill. to allow this practice. one looks to Law Enforcement Alliance Mr. Speaker, at this time, I will in- Additionally, current Federal law of America, LEAA, the National Asso- sert the letter that I referred to earlier does not mandate that the States allow ciation of Police, NAPO, the National in the RECORD. both active and retired State and local Law Enforcement Council, and FOP, THE WHITE HOUSE, law enforcement officers to carry a all of them support this bill, Mr. Washington, DC, June 18, 2004. concealed weapon without the permis- Speaker. Mr. CHUCK CANTERBURY, sion of each specific State. I under- Very rarely can we come across and National President, Fraternal Order of Police, stand that at least six States and the have a bill that is passed out of the Grand Lodge, Washington, DC. District of Columbia currently forbid committee over the objection of the DEAR CHUCK: officers from other States to carry con- chairman and the ranking member to I am pleased to offer my support for the cealed weapons. Thirty-one States re- Law Enforcement Officers’ Safety Act. Our make it to the floor, and that time be Nation relies upon the men and women in strict carrying a concealed weapon to controlled by both the people that are law enforcement to keep the streets and an officer off duty. And nine States opposed to this bill. neighborhoods safe. This legislation will bet- allow an out-of-state officer to carry a Now, the chairman granted me 5 min- ter protect our Nation from danger by ensur- concealed weapon. utes. I thank the chairman for that. ing that these first responders are ready to H.R. 218 would override State right to But I also think it is unfair for some- handle an emergency regardless of their lo- carry laws and mandate that active one that is opposed to the bill be on the cation and duty status. and retired police officers could carry a floor closing, because that is usually in I am particularly pleased that the Senate concealed weapon anywhere within the sponsors named this provision after our mu- the committee position. The com- tual friend, Steven Young. I know how hard United States. Such a measure is an af- mittee position is to pass this bill. you and Steve worked for passage of this front to State sovereignty and the Con- Even though the chairman purported bill, and I look forward to honoring his mem- stitution. the bill to pass it, he is speaking ory by signing it. I have received letters from the Na- against it. He wants to close, which I Sincerely, tional League of Cities and State lead- do not think is fair. GEORGE W. BUSH. ers around the country objecting to And who is it not fair for? It is not Mr. SCOTT of Virginia. Mr. Speaker, this legislation because it replaces the fair for the millions of law enforcement I yield back the balance of my time. judgment of State and local govern- agents that risk their lives every day. Mr. SENSENBRENNER. Mr. Speak- ments with the judgment of Congress They give their lives for us, almost as er, I yield myself the balance of the on an important safety issue. The many of those have been lost in Iraq. time. International Association of Police

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.087 H23PT1 H4816 CONGRESSIONAL RECORD — HOUSE June 23, 2004 Chiefs, the Major City Chiefs, and the tired law enforcement officers to carry con- Finally, the IACP is also concerned over Police Executive Research Forum also cealed weapons throughout the country. the liability of law enforcement agencies for object to this legislation. So law en- It is the IACP’s belief that states and lo- the actions of off-duty officer who uses or calities should have the right to determine misuses their weapon while out of state. If forcement is not unanimous in support who is eligible to carry firearms in their an off-duty officer who uses or misuses their of it. communities. It is essential that state and weapon while in another state, it is likely The IACP testified at a hearing be- local governments maintain the ability to that their department will be forced to de- fore the Subcommittee on Crime, Ter- legislate concealed carry laws that best fit fend itself against liability charges in an- rorism, and Homeland Security that the needs of their communities. This applies other state. The resources that mounting H.R. 218 will create a dangerous situa- to laws covering private citizens as well as this defense would require could be better tion for law enforcement and citizens active and former law enforcement per- spent serving the communities we represent. alike because there is so much vari- sonnel. The IACP understands that at first glance The IACP strongly believes that each state this legislation may appear to be a simple ation in training standards for law en- should retain the power to determine wheth- solution to a complex problem. However, a forcement. In addition to these vari- er they want police officers that are trained careful review of these provisions reveals ations, it may be difficult for officers and supervised by agencies outside of their that it has the potential to significantly and to recognize official badges held by le- state carrying firearms in their jurisdic- negatively impact the safety of our commu- gitimate officers and fake badges and tions. Why should a police chief who has em- nities and our officers. fake ID cards, which are easily obtain- ployed the most rigorous training program, a Again, the IACP is strongly opposed to this able on the Internet. strict standard of accountability and strin- legislation and we urge you to oppose it as gent policies be forced to permit officers who well. I am also very concerned who will may not meet those standards to carry a Thank you for attention to this important bear the responsibility and liability for concealed weapon in his or her jurisdiction? issue to law enforcement executives. potential actions that these officers However, in addition to these fundamental Sincerely, might take while out of their State. It questions over the preemption of state and JOSEPH POLISAR, is a real possibility that the law en- local firearms laws, the IACP is also con- President. forcement agency that trained these cerned with the impact that this legislation Mr CUNNINGHAM. Mr. Speaker, I rise officers could wind up being forced to may have on the safety of our officers and today to strongly urge Members to vote ‘‘yes’’ our communities. defend itself against actions taken by There can be no doubt that police execu- on my bill, the Law Enforcement Officers Safe- an off duty, out-of-state officer. tives are deeply concerned for the safety of ty Act of 2003 (H.R. 218) to allow qualified off- I received a letter from Joseph our officers. The IACP understands that the duty and retired law enforcement officers to Polisar, president of the International proponents of S. 253 contend that police offi- carry concealed weapons in any jurisdiction. Association of Chiefs of Police. And I cers need to protect themselves and their The bill has broad bipartisan support with 296 will insert it in the RECORD in total, families while traveling, and that under- cosponsors. but I would like to just read one para- cover officers may be targets if recognized The benefits of the legislation are twofold— graph. on vacation or travel. These are consider- officer safety and improved public safety. ations, but they must be balanced against ‘‘Finally, the IACP is concerned the potential dangers involved. In fact, one Many jurisdictions do not allow off-duty officers about or concerned over the liability of of the reasons that this legislation is espe- to carry concealed weapons. Due to the law enforcement agencies for the ac- cially troubling to our nation’s law enforce- unique responsibilities and dangers that come tions of off-duty officers who use or ment executives is that it could in fact with law enforcement, off-duty officers are at a misuse their weapon while out of threaten the safety of police officers by cre- greater risk than most Americans. It is not un- State. If an off-duty officer who uses or ating tragic situations where officers from common for off-duty officers to run into people misuses their weapon while in another other jurisdictions are wounded or killed by they have arrested or helped to incarcerate. State, it is likely that their depart- the local officers. Police departments There have been documented instances throughout the nation train their officers to ment will be forced to defend itself respond as a team to dangerous situations. where felons have sought retribution against against liability charges in another This teamwork requires months of training officers who helped to put them in jail or pris- State. The resources that mounting to develop and provides the officers with an on. It is only right that the men and women this defense would require could be bet- understanding of how their coworkers will who put their lives on the line everyday when ter spent serving the communities we respond when faced with different situations. they go to work be afforded the right to protect represent.’’ Injecting an armed, unknown officer, who their families and themselves while they are Because of all of the concerns that I has received different training and is oper- off duty. have expressed, I must oppose this leg- ating under different assumptions, can turn These concerns apply not only to off-duty an already dangerous situation deadly. islation and ask that my colleagues In addition, the IACP is concerned that the officers, but to retired officers as well. A crimi- join me in my opposition. I realize this legislation specifies that only an officer who nal who is seeking retribution does not care is a tough vote, but this is not a good is not subject to a disciplinary action is eli- that the officer who put them away is retired. bill. I believe that the issues at hand gible. This provision raises several concerns It is a disservice to those men and women could be better addressed by the States for law enforcement executives. For exam- who risked their lives to perform a public serv- in an appropriate manner through the ple, what types of disciplinary actions does ice to be deprived of the right to defend them- use of reciprocity agreements, many of this cover? Does this provision apply only to selves and their families simply because they which already exist, rather than taking current investigations and actions? How retired. would officers ascertain that an out-of-state away the right of the States to legis- law enforcement officer is subject to a dis- Legal issues are also posed when neigh- late in this area which H.R. 218 does. ciplinary action and therefore ineligible to boring jurisdictions have different regulations An approach of reciprocity agree- carry a firearm? for carrying concealed weapons. An off-duty ments would allow individual States to Additionally, while the legislation does officer is faced with a problem when he is have the final say on whether or not it contain some requirements to ensure that traveling state to state or even city to city. In believes allowing out-of-state officers retirees qualify to have a concealed weapon, a circumstance where his/her home jurisdic- to carry concealed weapons within its they are insufficient and would be difficult tion requires off-duty officers to carry, but he borders would enhance rather than un- to implement. The legislation fails to take is traveling to a jurisdiction where the law pro- into account those officers who have retired dermine public safety. under threat of disciplinary action or dis- hibits carrying concealed weapons, the officer The letter previously referred to fol- missal for emotional problems that did not is forced to choose which law to break. Does lows: rise to the level of ‘‘mental instability.’’ Of- he leave his gun at home and break the law INTERNATIONAL ASSOCIATION OF ficers who retire or quit just prior to a dis- in his home jurisdiction, or take it with him and CHIEFS OF POLICE, ciplinary or competency hearing may still be break the law when he enters the next juris- Alexandria, VA, June 23, 2004. eligible for benefits and appear to have left diction? Hon. JAMES SENSENBRENNER, the agency in good standing. Even a police Aside from the issues of self-defense and House of Representatives, Washington, DC. officer who retires with exceptional skills jurisdictional conflicts, H.R. 218 provides addi- DEAR REPRESENTATIVE SENSENBRENNER: On today may be stricken with an illness or behalf of the International Association of other problem that makes him or her unfit tional officers to prevent crime, without the Chiefs of Police (IACP), I am writing to ex- to carry a concealed weapon, but they will cost. There are countless stories of retired and press our strong opposition to H.R. 218, the not be overseen by a police management off-duty officers who have prevented crime Law Enforcement Officers Safety Act of 2003. structure that identifies such problems in and protected everyday citizens because they This bill would authorize off-duty and re- current officers. were allowed to carry concealed weapons. In

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.088 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4817 this time of heightened security, it seems only lice said. They said the officer asked him to ING A YOUNG MAN IN THE 5000 BLOCK OF TOD AV- logical that additional means to prevent crime stop, when he didn’t, the officer drew his ENUE. BEFORE HE COULD REACT, MUCHA and even terrorism be implemented. Off-duty weapon and fired. Daryl D. Gorman, 30, was WATCHED AS THE BOY, WITH THE PIT BULLS taken to Ben Taub Hospital with gunshot CHASING HIM, JUMPED A FENCE TO SAFETY. and retired law enforcement officers have the wounds to the hip and left side investigators THEN HE HEARD A SECOND SCREAM. AS MUCHA training to recognize suspicious activity and said. He was listed in fair condition Sunday. TURNED TO THE WINDOW AGAIN, HE SAW THE PIT prevent crime. When qualified off-duty and re- The officer, a 16-year veteran of the BULLS PIN A 14-YEAR-OLD GIRL TO THE SIDE- tired police officers are allowed to carry, more Fondren division, received facial injuries. No WALK AND BEGIN MAULING HER. law enforcement officers are put on the street charges had been filed Sunday. East Chicago Sgt. Joe De La Cruz said Mucha, in his underwear and T-shirt, at zero cost to taxpayers. OFF-DUTY POLICE OFFICER, SUSPECTED grabbed his gun and ran barefoot into the Mr. Speaker, I would like to take a minute ROBBER SHOOT EACH OTHER street. As Mucha approached the girl, the to read some stories from around the United SOUTH GATE, CA. (AP).—An off-duty police two pit bulls turned their attention toward States where off-duty officers have prevented officer exchanged gunfire with a would-be him, De La Cruz said. ‘‘Officer Mucha then crimes, in part, because they were allowed to robber early Saturday morning. Both men positioned himself between the girl and the carry their firearm. The first story is from my were wounded but were expected to survive, pit bulls,’’ De La Cruz said. ‘‘The dogs made hometown of San Diego. police said. Fabian Mejia, a three-year vet- a pass at him, then attacked. He shot at the eran of the Calexico Police Department, was OFFICER FINDS WORK ON HER DAY OFF dogs, wounding them both, before they ran using a corner pay phone shortly after mid- off.’’ De La Cruz said Mucha took after the (By Joe Hughes) night when a 19-year-old gunman demanded first dog, which he managed to corner. He HILLCREST.—For San Diego police Officer money from him, said Lt. Darren Sullivan of said the dog tried to attack Mucha again, he Sandra Oplinger, it was anything but an off the South Gate Police Department. shot it and killed it. day. Olinger ended up capturing a suspected After the men shot each other, the suspect Within seconds, Mucha ran after and spot- bank robber at gunpoint on her day off yes- got in a car and left as Mejia called 911. Po- ted the second dog on a nearby porch. Once terday. lice arrested the gunman and an 18-year-old again, as Mucha approached the dog, it tried She happened to be in the area of Home woman with him after they arrived at a to attack and was shot to death. Savings Of America on Fifth Avenue near nearby hospital, Sullivan said. Their names Police said the boy wasn’t seriously in- Washington Street about 12:30 p.m. when she were not immediately released. Mejia was in jured, but the girl was taken to St. Cath- saw a man running from the bank, a trail of stable condition at a hospital while the sus- erine Hospital in East Chicago, where she red smoke coming from an exploded red dye pected robber was in serious but stable con- was treated and released. De La Cruz said packet that had been inserted into a wad of dition, said Sullivan. the dogs’ owner, Anna Gonzalez, 24, of 5013 the loot. Mejia was in South Gate, just southwest of Tod Ave., received numerous tickets from With her gun drawn, she tracked down and Los Angeles, to visit his parents, Sullivan East Chicago dog warden Steve Ruiz before caught the man. Citizens helped by gath- said. the incident. He said she also received nu- ering up loose bank cash. The incident began OFFICER SHOOTS AT YARD-STATUE THIEVES merous tickets afterward and has prompted when a man entered the bank and asked a (By Peggy O’Hare) the city to once again crack down on pit teller if he could open an account. The teller An off-duty Houston police officer followed bulls. ‘‘We passed an ordinance 10 years ago gave him a blank form and he left. He re- two men who stole concrete statues from his that anyone who owns a pit bull must have turned 10 minutes later, approached the front yard Tuesday and fired at the driver $1 million in insurance,’’ De La Cruz said. same teller and declared it was a robbery, when he pointed a gun at him, authorities ‘‘All pit bulls must be registered at City showing a weapon and a demand note he had said. Hall. They must be on a leash and muzzled written on the same form the teller had Officer J.H. Lynn said two men forced when they’re walked.’’ De La Cruz said pit given him. their way through his front yard’s locked bulls are becoming a problem again, and the He then grabbed some money and ran out gate at 12:45 p.m., took two statues from the city plans to step up its efforts to ensure the door. The dye pack exploded outside, lawn and drove off. that pit bull owners are complying with the leaving a trail of smoke that attracted The officer followed the thieves to get law. Oplinger’s attention and led to the suspect’s Mucha will receive an official commenda- their license plate number. When they arrest. tion from East Chicago Police Chief Frank reached the 1000 block of West 25th, they The names of the man and a possible ac- Alcala for his bravery, De La Cruz said. turned around and drove toward Lynn, with complice in a nearby car were not imme- the driver pointing a handgun at the officer. H.R. 218 is strongly supported by the Law diately released. A gun was recovered. Lynn fired his duty weapon one time at the Enforcement Alliance of America, the Fraternal DEPUTY APPARENT TARGET OF ROBBERY, driver, but the pair drove through a ditch Order of Police, the National Troopers Coali- CARJACKING and sped away. tion, the National Association of Police Organi- Gunfire was exchanged on Milwaukee’s TULSA POLICEMAN SHOOTS INTRUDER zations, the International Brotherhood of Po- north side Wednesday during an attempted (By Mick Hinton) lice Officers, and many others. In most cases, robbery and carjacking. H.R. 218 is their #1 legislative priority. These An off-duty Milwaukee County Sheriff’s TULSA.—A month after joining the Tulsa deputy was the victim of an attempted rob- police force, Mark Sole shot the hand of an groups have worked tirelessly for over 10 bery and carjacking Wednesday afternoon as intruder early Monday in the front yard of years to see the passage of this legislation. I he was leaving the Advance Auto Parts store the officer’s home. The intruder and an ac- want to thank them for all their hard work and near Teutonia and Hampton Avenues, WISN complice are suspected of breaking into diligence in seeing H.R. 218 come to the 12 News reported Ben Tracy said. The dep- Sole’s garage. Sole and his wife were awak- Floor. uty, who had a gun exchanged fire with one ened about 6 a.m. by noises coming from I also want to thank the 296 members who of the suspects. No one was injured or hit by their garage. Sgt. Wayne Allen said. The offi- cosponsored H.R. 218 this year. Their support cer found two men in his garage. Allen said gunfire, Tracy reported. Milwaukee Police has been crucial in getting a vote on this bill and Milwaukee County Sheriff’s deputies one man ran, but Sole held the other at gunpoint in his front yard. ‘‘He ordered the sus- this year. were on the scene. They were examining a During this time of heightened security, it car they believe belongs to the suspects. pect to take his hands out of his pocket, and They were searching for two suspects. the suspect had a dark metallic object,’’ makes sense to put more qualified officers in Allen said. The officer apparently thought it a position to prevent crime. Mr. Speaker, I OFF-DUTY OFFICER SHOOTS ATTACKER was a weapon and shot the man in the hand, strongly urge my colleagues to vote ‘‘yes’’ An off-duty Houston police officer shot a Allen said. man in southwest Houston early Sunday. today on this crucial piece of legislation. I Police arrested John Warren Kays, 29, of thank Members and so will their cops. The officer, whose identity was not re- Tulsa and took him to Tulsa Regional Med- leased, was working in the parking lot of a Mr. SENSENBRENNER. Mr. Speak- ical Center, where he was being treated, er, I yield back the balance of my time, reception hall in the 9500 block of Wilcrest. Allen said. About 3 a.m., he repeatedly asked two men and ask for a no vote. COP SAVES TEENS FROM PIT BULLS who were talking to two women to leave the The SPEAKER pro tempore (Mr. parking lot and go inside the building, offi- (By Bradley Cole) TERRY). The question is on the motion cials said. EAST CHICAGO.—AN EAST CHICAGO POLICE offered by the gentleman from Wis- The men refused to leave and confronted OFFICER SHOT AND KILLED TWO PIT BULLS consin (Mr. SENSENBRENNER) that the the officer. The confrontation escalated to TUESDAY AS HE CAME TO THE RESCUE OF TWO House suspend the rules and pass the an assault, according to the Houston Police LOCAL TEENS WHO FACED SERIOUS INJURY. PO- bill, H.R. 218, as amended. Department, with one of the men knocking LICE OFFICER JOHN MUCHA WAS ASLEEP TUES- off the officer’s eyeglasses. DAY AFTERNOON AFTER WORKING A MIDNIGHT The question was taken; and (two- The officer, whose vision was impaired SHIFT WHEN THE PIERCING SCREAM OF A 16- thirds having voted in favor thereof) after being hit, said he saw a man approach- YEAR-OLD BOY WOKE HIM UP. MUCHA RAN TO the rules were suspended and the bill, ing him with his arms near his pockets, po- THE WINDOW AND SAW TWO PIT BULLS ATTACK- as amended, was passed.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.030 H23PT1 H4818 CONGRESSIONAL RECORD — HOUSE June 23, 2004 A motion to reconsider was laid on In fiscal year 2003, the VA guaranteed would index the amount to the Freddie the table. 419,717 home loans for veterans and Mac criteria to guarantee automatic f 57,129 home loans for active duty increases annually. servicemembers. Since the program’s America’s veterans deserve to be on INCREASING MAXIMUM AMOUNT inception in 1944, the VA has guaran- an equal footing with the general pub- OF HOME LOAN GUARANTY teed more than 17.5 million home lic in today’s competitive real estate AVAILABLE UNDER HOME LOAN loans, thus providing homeownership markets. The bill before the House ac- GUARANTY PROGRAM OF THE opportunities to millions of veterans complishes exactly that. I urge my col- DEPARTMENT OF VETERANS AF- and their families. leagues to support this important leg- FAIRS This is a good bill; and I thank my islation. Mr. BROWN of South Carolina. Mr. colleagues, the gentlewoman from Though passage of H.R. 4345 will be a Speaker, I move to suspend the rules Florida (Ms. GINNY BROWN-WAITE) and victory for our veterans, I intend to and pass the bill (H.R. 4345) to amend the gentlewoman from California (Mrs. keep working hard on this issue to en- title 38, United States Code, to increase DAVIS), for their bipartisan coopera- sure that they can continue to achieve the maximum amount of home loan tion. homeownership and that the home loan guaranty available under the home Mr. Speaker, I reserve the balance of program is effective. loan guaranty program of the Depart- my time. Just last week, I introduced H.R. 4616 ment of Veterans Affairs, and for other Mrs. DAVIS of California. Mr. Speak- to extend a VA home loan pilot pro- purposes. er, I yield myself such time as I may gram set to expire in September of The Clerk read as follows: consume. 2005, which would offer adjustable rate H.R. 4345 Mr. Speaker, I rise in strong support mortgages to veterans. Like the gen- Be it enacted by the Senate and House of Rep- of H.R. 4345. I would just like to begin eral public, our veterans should have resentatives of the United States of America in by saying that managing this legisla- the ability to choose the type of mort- Congress assembled, tion for our side is particularly mean- gage that will best suit their needs. SECTION 1. INCREASE IN, AND ANNUAL INDEX- ingful for me today because I have After fighting for the United States, ING OF, MAXIMUM AMOUNT OF fought to improve the VA’s home loan our veterans deserve the opportunity HOME LOAN GUARANTY FOR CON- STRUCTION AND PURCHASE OF program since I was first elected to to live in their own home. I am hopeful HOMES. Congress over 3 years ago. that my colleagues will continue to (a) MAXIMUM LOAN GUARANTY BASED ON 100 I also wanted to thank the gentleman support improvements to our veterans PERCENT OF THE FREDDIE MAC CONFORMING from New Jersey (Chairman SMITH) and home loan program. LOAN RATE.—Section 3703(a)(1) is amended the gentleman from Illinois (Ranking Again, I am truly honored that the by striking ‘‘$60,000’’ each place it appears in Member EVANS) for bringing this legis- House is considering this legislation so subparagraphs (A)(i)(IV) and (B) and insert- lation before the Committee on Vet- that we may assure meaningful home ing ‘‘the maximum guaranty amount (as defined in subparagraph (C))’’. erans’ Affairs and for sending it to the loan benefits to America’s veterans. (b) DEFINITION.—Such section is further House floor. Mr. Speaker, I reserve the balance of amended by adding at the end the following I certainly want to thank my col- my time. new subparagraph: league, the gentlewoman from Florida Mr. BROWN of South Carolina. Mr. ‘‘(C) In this paragraph, the term ‘maximum (Ms. GINNY BROWN-WAITE), with whom I Speaker, I yield 5 minutes to the gen- guaranty amount’ means the dollar amount have been honored to serve on the tlewoman from Florida (Ms. GINNY that is equal to 25 percent of the Freddie Committee on Veterans’ Affairs, for BROWN-WAITE). Mac conforming loan limit limitation deter- working with me over recent months Ms. GINNY BROWN-WAITE of Flor- mined under section 305(a)(2) of the Federal ida. Mr. Speaker, I am very pleased to Home Loan Mortgage Corporation Act (12 to perfect legislation that brings sig- U.S.C. 1454(a)(2)) for a single-family resi- nificant improvements to the home speak on behalf of this legislation, dence, as adjusted for the year involved.’’. loan program administered by the De- which was introduced to improve the partment of Veterans Affairs. VA home loan program. The Veterans b 1515 Mr. Speaker, I have heard from many Housing Affordability Act, H.R. 4345, is The SPEAKER pro tempore (Mr. veterans in San Diego about the need a good government solution which will TERRY). Pursuant to the rule, the gen- to increase the loan amount under the assist veterans across the Nation at no tleman from South Carolina (Mr. VA’s home loan program. Simply put, cost to the taxpayers. BROWN) and the gentlewoman from veterans living in high-cost areas can- Homeownership is one of the main California (Mrs. DAVIS) each will con- not use the VA loan because the cur- building blocks of strong communities trol 20 minutes. rent limit of $240,000 is not nearly and also a strong economy. A home is The Chair recognizes the gentleman enough to purchase a home in regions the largest financial investment most from South Carolina (Mr. BROWN). such as San Diego where the median American families will ever make, and Mr. BROWN of South Carolina. Mr. price for a home has now reached it allows them to build financial secu- Speaker, I yield myself such time as I $500,000. Far too many of our veterans rity as the equity in their home in- may consume. cannot take advantage of the benefits creases. Moreover, this tangible asset Mr. Speaker, I rise in support of H.R. that come with a VA loan because of provides a family with borrowing 4345. This bill would provide the largest this low limit. power to finance important needs such increase in the VA home loan guaranty I also fear that many veterans in my as the education of their children. It is since 1978, increasing the maximum community will never have the oppor- also a nest egg with very reliable and home purchase guaranty from $240,000 tunity to buy a home without a sub- significant returns on investment re- to $333,700. That is a 39 percent in- sidized VA loan. My staff heard from gardless of race, color, or creed. crease. one disabled veteran shortly after I was The VA has been providing home Additionally, this measure would elected who tried to purchase a home loan guarantees to men and women provide for annual increases in the in San Diego; and unfortunately, with who serve our country since 1944. Under home loan guaranty to match rising the low limit in the VA program, he this program, the veteran purchases a housing prices. It would do so by link- was not able to find anything afford- home through a private lender and the ing the VA loan limit with the con- able and still lives in an apartment VA guarantees to pay the lender a por- forming loan rate of the Federal Home today. tion of the loss if the veteran defaults Loan Mortgage Corporation. Not only It is my goal to let veterans know on the loan. Because of this benefit, would this measure assist our veterans, that homeownership is a real possi- millions of veterans have been able to but it would ensure that our coura- bility for them. realize the American dream of owning geous servicemembers fighting in Iraq, The bill before Congress today, H.R. their own home. Afghanistan, and throughout the 4345, introduced by me and the gentle- Since its inception in 1944, the VA world, along with their families, can woman from Florida (Ms. GINNY has guaranteed $748 billion in loans for take part in the American dream of BROWN-WAITE), would not only increase 16.9 million homeowners. In 2002, the homeownership. the home loan limit to $333,700, but it VA guaranteed more than $40.1 billion

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.089 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4819 in loans to finance the purchase or refi- out our Nation, and I urge support of As a result, we obtain maximum sav- nance 317,250 homes. Obviously, this this legislation. ings for the home loan provision with- program is a rip-roaring success. It has Mrs. DAVIS of California. Mr. Speak- out including the higher amounts been a tremendous asset to veterans er, I yield 2 minutes to the gentleman under the Freddie Mac program for and their families at minimum cost to from Illinois (Mr. EVANS), ranking multifamily units which have a signifi- the government. member of the Committee on Veterans’ cant higher foreclosure rate. The first decade of the 21st century, Affairs. By limiting the amount to that for a however, has seen an expansive growth Mr. EVANS. Mr. Speaker, I rise in single family dwelling, the risk of loss in home values. For homeowners this support of H.R. 4345. This bill is an ex- to the taxpayer is lessened. has been a tremendous boon. They have ample of bipartisan legislation that the In my hometown of East Millinocket, seen their tangible asset increase in House Committee on Veterans’ Affairs a person can buy a three-bedroom value. In some regions, home values has voted for. home for $35,000. However, I recognize have more than doubled in the last 5 It includes provisions drawn from in other parts of the country, and in- years. H.R. 1735, introduced on April 10, 2003, deed other parts of the State of Maine, However, those not fortunate to al- by the gentlewoman from California homes are much more costly. ready be a homeowner are facing (Mrs. DAVIS), and H.R. 4065, introduced b 1530 daunting prices for entry-level homes. by the gentlewoman from Florida (Ms. This bill would provide necessary In New Jersey, median housing prices GINNY BROWN-WAITE) in March of this home loan benefits to veterans regard- hover in the 300 to $400,000 range. The year. less of where they live, whether in East H.R. 4345, a compromise bill, in- same is true for other regions in Con- Millinocket or San Diego. Veterans necticut, California, Washington, Vir- creases the VA home loan amount to who serve our Nation should be able to ginia, Maryland, Illinois, and even my that provided by the Freddie Mac pro- obtain homes through the Department home State of Florida. gram for a single family residence. It of Veterans Affairs anywhere in the Many soldiers postpone their home- also indexes the VA home loan amount United States. ownership until after they are out of to the Freddie Mac program, thereby I note that a similar provision of the service. For these brave veterans, taking into account future needs in H.R. 4345 has been included in section as median housing prices rise, the VA this program. This is something that 301 of H.R. 1716, the ‘‘Veterans Earn benefit actually decreases. The rising the veterans deserve. and Learn Act.’’ I would like to thank housing market erodes the purchasing In addition, I would like to note that the chairman, the gentleman from New power of the VA home loan. Depending the original Davis bill would have gen- Jersey (Mr. SMITH), and the ranking on where the veteran lives, the $240,000 erated more savings than the original member, the gentleman from Illinois amount is simply insufficient to cover Brown-Waite bill, but this bill exceeds (Mr. EVANS), and the subcommittee their housing needs. the CBO savings for either bill. These chairman, the gentleman from South This is simply wrong. At the very savings will be needed to pay for im- Carolina (Mr. BROWN) for their leader- least, we owe our veterans the same provements to benefit our Nation’s cur- ship on this issue. chance at the American dream after rent and future veterans. The Com- In closing, Mr. Speaker, I also would their service as they had the day that mittee on Veterans’ Affairs has ordered like to acknowledge the newest mem- they enlisted. these much-needed improvements re- ber of the Committee on Veterans’ Af- H.R. 4345 indexes the maximum VA ported to the House in H.R. 1716, which fairs, the gentlewoman from South Da- guarantee amount to 25 percent of the contains the provisions and cost sav- kota (Ms. Herseth), who will also be Freddie Mac conforming loan rate. The ings of H.R. 4345. Veterans across the speaking on this bill. I look forward to prevailing VA loan limit would be country are anxiously awaiting this working with the gentlewoman from $333,700, and it would continue to auto- bill’s scheduling to come under suspen- South Dakota on the committee to im- matically adjust to the market and to sion. prove benefits for our veterans. the housing needs of veterans. Mr. BROWN of South Carolina. Mr. Mrs. DAVIS of California. Mr. Speak- The good news is that the Congres- Speaker, we have no further speakers er, I yield 2 minutes to the gentleman sional Budget Office has determined at this time, and I reserve the balance from Texas (Mr. RODRIGUEZ). that this bill actually saves the gov- of my time. Mr. RODRIGUEZ. Mr. Speaker, I rise ernment money. Imagine that, helping Mrs. DAVIS of California. Mr. Speak- today in support of H.R. 4345, and veterans and saving money. According er, I yield 3 minutes to the gentleman would like to take this opportunity to to the CBO projection, it will save $39 from Maine (Mr. MICHAUD). thank my colleagues on the Committee million in 2005 and $208 million over 5 Mr. MICHAUD. Mr. Speaker, I thank on Veterans’ Affairs, especially the years and a whopping $288 million in 10 the gentlewoman for yielding me time. gentlewoman from Florida (Ms. BROWN- years. I rise in strong support of H.R. 4345, WAITE) and the gentlewoman from We are all very proud of the men and which provides an increase in the home California (Mrs. DAVIS) for bringing women who serve our Nation past and loan amount for veterans. this issue forward. present, and I hope that the Members I want to thank the gentlewoman For many years, the gentlewoman will agree that the value of the vet- from California for introducing H.R. from California (Mrs. DAVIS) has been erans benefit should not vary depend- 1735, which raised our awareness of this advocating for this, and I am glad that ing on where they live or when they very important issue, and for her bipar- we are taking it up on suspension purchase a home. I think this legisla- tisan work on this matter. I am glad today. Like all Americans, our vet- tion is important and very timely, and that the provisions of H.R. 1735 are in- erans dream of obtaining the American I urge support of this legislation. cluded in the bill we are considering Dream of homeownership. Our veterans I certainly want to thank the gen- today. have fought selflessly on behalf of our tleman from New Jersey (Chairman I also want to thank the gentle- country and are entitled to the benefits SMITH) and also the gentleman from woman from Florida for introducing we have promised them, including South Carolina (Mr. BROWN) for their her bill, H.R. 4065, and for her contin- home loan benefits. leadership on issues affecting veterans; ued dedication to this issue. Unfortunately, for many, the dream and the gentlewoman from California H.R. 4345 is a bipartisan compromise is faced with many obstacles. The cur- (Mrs. DAVIS), who was an original co- bill which includes the best features of rent VA home loan limits of $240,000 sponsor on this legislation, should also H.R. 1735 and H.R. 4065. I appreciate the prevents many veterans from using be recognized for her strong support in gentlewoman from Florida’s willing- home loan benefits to purchase a home bringing about this legislation. ness to include the higher amount pro- in many high-cost areas, like Cali- Additionally, Senator CORZINE has posed by the gentlewoman from Cali- fornia, Florida, and many parts of the introduced the bill in the Senate, and fornia’s (Mrs. DAVIS) bill and to limit State of Texas, which affect my vet- we are hoping for some speedy action the loan amount to that provided erans who are retired. there. This truly is obviously a bipar- under Freddie Mac for a single family This legislation indexes the max- tisan effort to assist veterans through- home. imum loan amount to 100 percent of

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.091 H23PT1 H4820 CONGRESSIONAL RECORD — HOUSE June 23, 2004 the Freddie Mac Conforming Loan Rate have served in wartime and in peace- Angeles, the goal of owning a home is to make the VA home loan program time. elusive for many families because of compatible with the home loans avail- I would like to thank our chairman, the high price of homes. However, this able to the public nationwide. Addi- the gentleman from New Jersey (Mr. bill will provide significant assistance tionally, the legislation allows the SMITH) and the ranking member, the to veterans who wish to own their own maximum VA loan amount to adjust gentleman from Illinois (Mr. EVANS) home, and I am pleased to support it. automatically each year to the Freddie for welcoming me to the Committee on I am proud to be a cosponsor of the Mac standard in order to remain com- Veterans’ Affairs as well as for their bill of the gentlewoman from Cali- patible with the national housing mar- work on this bill. I look forward to fornia (Mrs. DAVIS), H.R. 1735, which ket. working with them and others to pro- would have increased the maximum This legislation is extremely impor- vide for our Nation’s veterans. amount of the home loan guarantee. tant. During 2003, three million vet- Mrs. DAVIS of California. Mr. Speak- However, I am pleased to support this erans took advantage of the VA home er, I yield 2 minutes to the gentle- bill, sponsored by the gentlewoman loan program. Three million. And I am woman from Guam (Ms. BORDALLO). from Florida (Ms. BROWN-WAITE) and also very positive that more veterans Ms. BORDALLO. Mr. Speaker, I, too, supported by the gentlewoman from will be able to take advantage of these proudly rise today in support of H.R. California, which will increase the benefits because of the improvements 4345 and in support of all the veterans maximum loan guarantee to $333,700 we have made today. that stand to benefit from its passage. and index loan amount to 25 percent of As our troops are fighting in Iraq and I would like to thank the gentle- the Freddie Mac Conforming Loan Rate Afghanistan, we must continue to show woman from California (Mrs. DAVIS) to make the VA’s home loan program them and to say thanks from a grateful and the gentlewoman from Florida (Ms. compatible with the home loans avail- Nation. This particular piece of legisla- BROWN-WAITE) for recognizing that vet- able to the public nationwide. tion is something that is needed and I erans need help meeting the stagger- By indexing the loan rate Congress will as- am real pleased we have had this op- ingly high increases in the cost of buy- sure that veterans will continue to have the portunity. I cannot think of a better ing their own home. And, Mr. Speaker, opportunity to purchase homes regardless of way of saying thanks to all our soldiers I would like to especially thank the how high the Conforming Loan Rate climbs. and our veterans than by improving gentlewoman from California (Mrs. Mr. Speaker, this bill is a small but impor- the benefits to our soldiers with this DAVIS) for introducing her original leg- tant gesture to thank veterans for their service legislation. islation, H.R. 1735, which first brought to our country. I am pleased to support this bill Once again, I thank the two authors. attention to this issue last year by and urge my colleagues to support is also. Mrs. DAVIS of California. Mr. Speak- gathering 61 cosponsors of her proposal Mrs. DAVIS of California. Mr. Speak- er, I yield 3 minutes to the gentle- to increase the loan guarantee. er, I yield 2 minutes to the gentleman woman from South Dakota (Ms. The old loan guarantee of $60,000, from Massachusetts (Mr. FRANK). Herseth). which provides a loan of $240,000, is not Mr. FRANK of Massachusetts. Mr. Ms. HERSETH. Mr. Speaker, I thank sufficient in Guam to meet the cost of Speaker, I am delighted to be part of the gentlewoman for yielding me this buying a home, and I expect that this this bipartisan recognition that sometime, and I rise in support of H.R. 4345, is also true in San Diego, Florida, and times you have to expand government. which will provide an increase in the all over the United States. The new There are times when government is home loan amount for veterans. As a maximum amount in this legislation too limited and too small to perform new Member of the House Committee addresses this problem to help veterans its vital social role, and, apparently, on Veterans’ Affairs, I am pleased to secure the mortgage financing that Members on both sides recognize this is speak in support of this bipartisan they need. a case where we have not given the measure. I look forward to further opportuni- government enough of a role in pro- As has been mentioned, H.R. 4345 ties to improve the benefits available viding housing to our veterans. would increase the amount of the VA to veterans, and urge my colleagues to Since our veterans, of course, fought loan guarantee to 25 percent of the support this important piece of legisla- for this country and served, it is appro- Freddie Mac loan amount for a single- tion. This will be such good news for priate that we do this. What this bill family home, and automatically in- our veterans across the Nation. On does is to raise the loan limit to the crease the amount whenever the Guam, it will be particularly wel- VA, which means, of course, into this Freddie Mac amount was changed. This comed, since many of our veterans feel very important government program, has the effect of matching the VA loan shortchanged when it comes to vet- the Veterans’ Affairs Department being guarantee to that of Freddie Mac. As erans’ benefits. I strongly support H.R. part of the Federal Government and importantly, the bill generates savings 4345. being supported by tax dollars, al- of $288 million over 10 years. Mrs. DAVIS of California. Mr. Speak- though this is a program that does not This bill will impact veterans in er, how much time do I have remain- need a lot of subsidy, under this bill, South Dakota and around the country. ing? this particular government program Some areas, such as San Diego, have The SPEAKER pro tempore (Mr. will be expanded. It will make more much higher real estate prices. How- TERRY). The gentlewoman from Cali- people eligible and it will cover more ever, I believe our veterans, no matter fornia has 71⁄2 minutes remaining. homes. where they choose to live, should have Mrs. DAVIS of California. Mr. Speak- In particular, it will bring some an equal opportunity to obtain a home er, I yield 1 minute to the gentlewoman States back into the union. In much of loan from the Department of Veterans from California (Ms. WATERS). Massachusetts, in much of California, Affairs. This bill will provide that op- Ms. WATERS. Mr. Speaker, I thank in parts of Illinois programs like the portunity. the gentlewoman for yielding me this Veterans’ Affairs housing and the FHA As the gentleman from Maine (Mr. time, and I thank the gentlewoman and others might as well be in Ukraine, MICHAUD) noted, this bill contains pro- from California (Mrs. DAVIS) and the for all the use the American citizens visions identical to those included in gentlewoman from Florida (Ms. BROWN- who live there can get from them be- section 301 of H.R. 1716, which I have WAITE) for their work on this impor- cause the housing prices have gone too proudly cosponsored. While I am new tant issue. far. to the Congress, I recognize the need to Mr. Speaker, I am pleased to rise in So I am very supportive of this. It is provide for the costs associated with support of H.R. 4345, and I am very a very important way to show one improved benefits for veterans. The proud to support opportunities for our more example of how we appreciate $288 million in savings from this bill veterans to own their own home. Who what our veterans have done. It is a would free up the resources for Con- better can we support to realize the very relevant example of the times gress to pay for many of the provisions American Dream than those who fight when you should expand the reach of in H.R. 1716, which will benefit the to keep the American Dream alive for government so we can provide services 76,000 veterans in South Dakota and all Americans? Unfortunately, in many that the private sector alone would not millions of United States veterans who cities, including my home city of Los do. Obviously, if the private sector was

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.093 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4821 entirely able to do this on their own, H.R. 4635, by the yeas and nays; Sensenbrenner Stearns Walden (OR) there would be no need for the VA H.R. 4053, by the yeas and nays; and Sessions Sullivan Walsh Shadegg Sweeney Wamp guarantee. House Concurrent Resolution 460, by Shaw Tancredo Weldon (FL) This is a good example of how public the yeas and nays. Shays Taylor (NC) Weller and private sectors cooperate. It is not The first electronic vote will be con- Sherwood Terry Whitfield Shimkus Thomas a case of either/or. It sets a useful ducted as a 15-minute vote. Remaining Wicker Shuster Thornberry Wilson (NM) precedent, too, for legislation that I Simmons Tiahrt electronic votes will be conducted as 5- Wilson (SC) Simpson Tiberi hope we will be dealing with soon, that minute votes. Wolf Smith (MI) Toomey the gentleman from California (Mr. Young (AK) f Smith (NJ) Turner (OH) MILLER) and I and others have spon- Smith (TX) Upton Young (FL) sored to do a similar adjustment for PROVIDING FOR CONSIDERATION Souder Vitter the FHA. OF H.R. 4548, INTELLIGENCE AU- NAYS—200 So I thank the members of the com- THORIZATION ACT FOR FISCAL Abercrombie Herseth Oberstar mittee for this sensible recognition YEAR 2005 Ackerman Hill Obey that we need to adjust programs to Alexander Hinchey Olver meet different conditions, and in par- The SPEAKER pro tempore. The Allen Hinojosa Ortiz ticular, for understanding that there pending business is the vote on order- Andrews Hoeffel Owens ing the previous question on House Baca Holden Pallone are times when the responsible thing Baird Holt Pascrell for us to do, I hope on a unanimous Resolution 686 on which the yeas and Baldwin Honda Pastor basis, is to expand the role of the Fed- nays are ordered. Becerra Hooley (OR) Payne The Clerk read the title of the resolu- Bell Hoyer Pelosi eral Government. Berkley tion. Inslee Peterson (MN) Mrs. DAVIS of California. Mr. Speak- Berry Jackson (IL) Pomeroy er, I yield myself such time as I may The SPEAKER pro tempore. The Bishop (GA) Jackson-Lee Price (NC) consume to thank my colleagues for question is on ordering the previous Bishop (NY) (TX) Rahall question. Blumenauer Jefferson Rangel their support of this valuable piece of Boswell John The vote was taken by electronic de- Reyes legislation for our veterans. Boucher Johnson, E. B. Rodriguez Mr. Speaker, I have no further re- vice, and there were—yeas 222, nays Boyd Jones (OH) Ross 200, not voting 11, as follows: Brady (PA) Kanjorski Rothman quests for time, and I yield back the Brown (OH) Kaptur balance of my time. [Roll No. 286] Roybal-Allard Brown, Corrine Kennedy (RI) Ruppersberger (Mr. BROWN of South Carolina asked YEAS—222 Capps Kildee Rush Capuano Kilpatrick and was given permission to revise and Aderholt English Leach Ryan (OH) Cardin Kind Sabo extend his remarks.) Akin Everett Lewis (CA) Cardoza Kleczka Mr. BROWN of South Carolina. Mr. Bachus Feeney Lewis (KY) Sa´ nchez, Linda Carson (OK) Kucinich T. Baker Ferguson Linder Case Lampson Speaker, I yield myself such time as I Sanchez, Loretta Ballenger Flake LoBiondo Chandler Langevin may consume to commend the contin- Sanders Barrett (SC) Foley Lucas (OK) Clay Lantos Sandlin ued cooperation which has been so evi- Bartlett (MD) Forbes Manzullo Clyburn Larsen (WA) Schakowsky dent in the work of the Subcommittee Barton (TX) Fossella McCotter Conyers Larson (CT) Schiff Bass Franks (AZ) McCrery Cooper Lee on Benefits and urge my colleagues to Scott (GA) Beauprez Frelinghuysen McHugh Costello Levin support H.R. 4345. Scott (VA) Biggert Gallegly McInnis Cramer Lewis (GA) Serrano Mr. Speaker, I yield back the balance Bilirakis Garrett (NJ) McKeon Crowley Lipinski Sherman of my time. Bishop (UT) Gerlach Mica Cummings Lofgren Skelton The SPEAKER pro tempore. The Blackburn Gibbons Miller (FL) Davis (AL) Lowey Blunt Gilchrest Miller (MI) Slaughter question is on the motion offered by Davis (CA) Lucas (KY) Boehlert Gillmor Miller, Gary Davis (FL) Lynch Smith (WA) the gentleman from South Carolina Boehner Gingrey Moran (KS) Davis (IL) Majette Snyder (Mr. BROWN) that the House suspend Bonilla Goode Murphy Davis (TN) Maloney Solis Bonner Goodlatte Musgrave DeFazio Markey Spratt the rules and pass the bill, H.R. 4345. Bono Goss Myrick Stark The question was taken; and (two- DeGette Marshall Boozman Granger Nethercutt Delahunt Matheson Stenholm thirds having voted in favor thereof) Bradley (NH) Graves Neugebauer DeLauro Matsui Strickland the rules were suspended and the bill Brady (TX) Green (WI) Ney Dicks McCarthy (MO) Stupak Brown (SC) Gutknecht Northup Dingell McCarthy (NY) Tanner was passed. Brown-Waite, Hall Norwood Tauscher A motion to reconsider was laid on Doggett McCollum Ginny Harris Nunes Dooley (CA) McDermott Taylor (MS) the table. Burgess Hart Nussle Doyle McGovern Thompson (CA) Burns Hastings (WA) Osborne Thompson (MS) f Edwards McIntyre Burr Hayes Ose Emanuel McNulty Tierney GENERAL LEAVE Burton (IN) Hayworth Otter Engel Meehan Towns Buyer Hefley Oxley Eshoo Meek (FL) Turner (TX) Mr. BROWN of South Carolina. Mr. Calvert Hensarling Paul Etheridge Meeks (NY) Udall (CO) Speaker, I ask unanimous consent that Camp Herger Pearce Evans Menendez Udall (NM) all Members may have 5 legislative Cannon Hobson Pence Farr Michaud Van Hollen Cantor Hoekstra Peterson (PA) Fattah Millender- Vela´ zquez days in which to revise and extend Capito Hostettler Petri Filner McDonald Visclosky their remarks and to include extra- Carter Houghton Pickering Ford Miller (NC) Waters neous materials on H.R. 4345. Castle Hulshof Pitts Frank (MA) Miller, George Watson The SPEAKER pro tempore. Is there Chabot Hunter Platts Frost Mollohan Watt Chocola Hyde Pombo Gonzalez Moore Waxman objection to the request of the gen- Coble Isakson Porter Gordon Moran (VA) Weiner tleman from South Carolina? Cole Issa Portman Green (TX) Murtha Wexler There was no objection. Collins Istook Pryce (OH) Grijalva Nadler Woolsey Cox Jenkins Putnam Gutierrez Napolitano Wu f Crane Johnson (CT) Quinn Harman Neal (MA) Wynn Crenshaw Johnson (IL) Radanovich ANNOUNCEMENT BY THE SPEAKER Cubin Johnson, Sam Ramstad NOT VOTING—11 PRO TEMPORE Culberson Jones (NC) Regula Bereuter Deutsch Israel Cunningham Keller Rehberg Berman Gephardt Tauzin The SPEAKER pro tempore. Pursu- Davis, Jo Ann Kelly Renzi ant to clause 8 and clause 9 of rule XX, Carson (IN) Greenwood Weldon (PA) Davis, Tom Kennedy (MN) Reynolds DeMint Hastings (FL) proceedings will resume on the fol- Deal (GA) King (IA) Rogers (AL) lowing questions and motions to sus- DeLay King (NY) Rogers (KY) b 1608 Diaz-Balart, L. Kingston Rogers (MI) pend the rules, which shall be taken in Diaz-Balart, M. Kirk Rohrabacher Mr. DINGELL and Mr. RUSH the following order: Doolittle Kline Ros-Lehtinen changed their vote from ‘‘yea’’ to The previous question on House Res- Dreier Knollenberg Royce ‘‘nay.’’ olution 686, by the yeas and nays; Duncan Kolbe Ryan (WI) So the previous question was ordered. Dunn LaHood Ryun (KS) The adoption of House Resolution Ehlers Latham Saxton The result of the vote was announced 686, if ordered; Emerson LaTourette Schrock as above recorded.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.096 H23PT1 H4822 CONGRESSIONAL RECORD — HOUSE June 23, 2004 The SPEAKER pro tempore (Mr. NOES—200 pending the rules and passing the bill, TERRY). The question is on the resolu- Abercrombie Herseth Oberstar H.R. 4635. tion. Ackerman Hill Obey The Clerk read the title of the bill. Alexander Hinchey Olver The SPEAKER pro tempore. The The question was taken; and the Allen Hinojosa Ortiz Speaker pro tempore announced that Andrews Hoeffel Owens question is on the motion offered by the ayes appeared to have it. Baca Holden Pallone the gentleman from Alaska (Mr. Baird Holt Pascrell YOUNG) that the House suspend the RECORDED VOTE Baldwin Honda Pastor rules and pass the bill, H.R. 4635, on Becerra Hooley (OR) Payne Ms. SLAUGHTER. Mr. Speaker, I de- Bell Hoyer Pelosi which the yeas and nays are ordered. mand a recorded vote. Berkley Inslee Peterson (MN) This will be a 5-minute vote. Berry Jackson (IL) A recorded vote was ordered. Pomeroy The vote was taken by electronic de- Bishop (GA) Jackson-Lee Price (NC) The SPEAKER pro tempore. This Bishop (NY) (TX) Rahall vice, and there were—yeas 418, nays 0, will be a 5-minute vote. Blumenauer Jefferson Rangel not voting 15, as follows: Boswell John Reyes The vote was taken by electronic de- Boucher Johnson, E. B. Rodriguez [Roll No. 288] vice, and there were—ayes 220, noes 200, Boyd Jones (OH) Ross YEAS—418 Brady (PA) Kanjorski Rothman not voting 13, as follows: Abercrombie Crenshaw Hayworth Brown (OH) Kaptur Roybal-Allard Ackerman Crowley Hefley Brown, Corrine Kennedy (RI) Ruppersberger [Roll No. 287] Aderholt Cubin Hensarling Capps Kildee Rush Akin Culberson Herger Capuano Kilpatrick Ryan (OH) AYES—220 Alexander Cummings Herseth Cardin Kind Sabo Aderholt Gillmor Ose Allen Cunningham Hill Cardoza Kleczka Sa´ nchez, Linda Akin Gingrey Otter Andrews Davis (AL) Hinchey Carson (OK) Kucinich T. Bachus Goode Oxley Case Lampson Baca Davis (CA) Hinojosa Sanchez, Loretta Baker Goodlatte Paul Chandler Langevin Bachus Davis (FL) Hobson Sanders Ballenger Goss Pearce Clay Lantos Baird Davis (IL) Hoeffel Sandlin Barrett (SC) Granger Pence Clyburn Larsen (WA) Baker Davis (TN) Hoekstra Schakowsky Bartlett (MD) Graves Peterson (PA) Conyers Larson (CT) Baldwin Davis, Jo Ann Holden Schiff Barton (TX) Green (WI) Petri Cooper Lee Ballenger Davis, Tom Holt Scott (GA) Bass Gutknecht Pickering Costello Levin Barrett (SC) Deal (GA) Honda Scott (VA) Beauprez Hall Pitts Cramer Lewis (GA) Bartlett (MD) DeFazio Hooley (OR) Serrano Biggert Harris Platts Crowley Lipinski Barton (TX) DeGette Hostettler Sherman Bilirakis Hart Pombo Cummings Lofgren Bass Delahunt Houghton Skelton Bishop (UT) Hastings (WA) Porter Davis (AL) Lowey Beauprez DeLauro Hoyer Slaughter Blackburn Hayes Portman Davis (CA) Lucas (KY) Becerra DeLay Hulshof Smith (WA) Blunt Hayworth Pryce (OH) Davis (FL) Lynch Bell Diaz-Balart, L. Hyde Snyder Boehlert Hefley Putnam Davis (IL) Majette Berkley Diaz-Balart, M. Inslee Solis Boehner Hensarling Quinn Davis (TN) Maloney Berry Dicks Isakson Spratt Bonilla Herger Radanovich DeFazio Markey Biggert Dingell Issa Stark Bonner Hobson Ramstad DeGette Marshall Bilirakis Doggett Istook Stenholm Bono Hoekstra Regula Delahunt Matheson Bishop (GA) Dooley (CA) Jackson (IL) Strickland Boozman Hostettler Rehberg DeLauro Matsui Bishop (NY) Doolittle Jackson-Lee Stupak Bradley (NH) Houghton Renzi Dicks McCarthy (MO) Bishop (UT) Doyle (TX) Tanner Brady (TX) Hulshof Reynolds Dingell McCarthy (NY) Blackburn Dreier Jefferson Tauscher Brown (SC) Hunter Rogers (AL) Doggett McCollum Blumenauer Duncan Jenkins Taylor (MS) Brown-Waite, Hyde Rogers (KY) Dooley (CA) McDermott Blunt Dunn John Thompson (CA) Ginny Isakson Rogers (MI) Doyle McGovern Boehlert Edwards Johnson (CT) Thompson (MS) Burgess Issa Rohrabacher Edwards McIntyre Boehner Ehlers Johnson (IL) Tierney Burns Istook Ros-Lehtinen Emanuel McNulty Bonilla Emanuel Johnson, E. B. Towns Burr Jenkins Royce Engel Meehan Bonner Emerson Johnson, Sam Turner (TX) Burton (IN) Johnson (CT) Ryan (WI) Eshoo Meek (FL) Bono Engel Jones (NC) Calvert Johnson (IL) Udall (CO) Boozman English Ryun (KS) Etheridge Meeks (NY) Kanjorski Camp Johnson, Sam Udall (NM) Boswell Eshoo Kaptur Saxton Evans Menendez Cannon Jones (NC) Van Hollen Boucher Etheridge Keller Schrock Farr Michaud Cantor Keller Vela´ zquez Boyd Evans Kelly Sensenbrenner Fattah Millender- Capito Kelly Visclosky Bradley (NH) Everett Kennedy (MN) Sessions Filner McDonald Carter Kennedy (MN) Waters Brady (PA) Farr Kennedy (RI) Shadegg Ford Miller (NC) Castle King (IA) Watson Brady (TX) Fattah Kildee Shaw Frank (MA) Miller, George Chabot King (NY) Watt Brown (OH) Feeney Kilpatrick Shays Frost Mollohan Chocola Kingston Waxman Brown (SC) Ferguson Kind Sherwood Gonzalez Moore Coble Kirk Weiner Brown, Corrine Filner King (IA) Shimkus Gordon Moran (VA) Cole Kline Green (TX) Wexler Brown-Waite, Flake King (NY) Shuster Murtha Collins Knollenberg Grijalva Nadler Woolsey Ginny Foley Kingston Simmons Crane Kolbe Gutierrez Napolitano Wu Burgess Forbes Kirk Simpson Crenshaw LaHood Harman Neal (MA) Wynn Burns Ford Kleczka Cubin Latham Smith (MI) Burr Fossella Kline Culberson LaTourette Smith (NJ) NOT VOTING—13 Burton (IN) Frank (MA) Knollenberg Smith (TX) Cunningham Leach Bereuter DeMint Israel Buyer Franks (AZ) Kolbe Davis, Jo Ann Lewis (CA) Souder Calvert Frelinghuysen Kucinich Stearns Berman Deutsch Tauzin Davis, Tom Lewis (KY) Buyer Gephardt Weldon (PA) Camp Frost LaHood Deal (GA) Linder Sullivan Cannon Gallegly Lampson Sweeney Carson (IN) Greenwood DeLay LoBiondo Cox Hastings (FL) Cantor Garrett (NJ) Langevin Diaz-Balart, L. Lucas (OK) Tancredo Capito Gerlach Lantos Diaz-Balart, M. Manzullo Taylor (NC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capps Gibbons Larsen (WA) Terry Doolittle McCotter The SPEAKER pro tempore (during Capuano Gilchrest Larson (CT) Dreier McCrery Thomas Cardin Gillmor Latham Duncan McHugh Thornberry the vote). Members are advised there Cardoza Gingrey LaTourette Dunn McInnis Tiahrt are 2 minutes remaining in this vote. Carson (OK) Gonzalez Leach Ehlers McKeon Tiberi Carter Goode Lee Emerson Mica Toomey b 1616 Case Goodlatte Levin English Miller (FL) Turner (OH) Castle Gordon Lewis (CA) Everett Miller (MI) Upton So the resolution was agreed to. Chabot Goss Lewis (GA) Feeney Miller, Gary Vitter The result of the vote was announced Chandler Granger Lewis (KY) Ferguson Moran (KS) Walden (OR) as above recorded. Chocola Graves Linder Flake Murphy Walsh Clay Green (TX) Lipinski Foley Musgrave Wamp A motion to reconsider was laid on Clyburn Green (WI) LoBiondo Forbes Myrick Weldon (FL) the table. Coble Grijalva Lofgren Fossella Nethercutt Weller Cole Gutierrez Lowey Franks (AZ) Neugebauer Whitfield f Collins Gutknecht Lucas (KY) Frelinghuysen Ney Wicker Conyers Hall Lucas (OK) Gallegly Northup Wilson (NM) SURFACE TRANSPORTATION Cooper Harman Lynch Garrett (NJ) Norwood Wilson (SC) EXTENSION ACT OF 2004, PART III Costello Harris Majette Gerlach Nunes Wolf Cox Hart Maloney Gibbons Nussle Young (AK) The SPEAKER pro tempore. The Cramer Hastings (WA) Manzullo Gilchrest Osborne Young (FL) pending business is the question of sus- Crane Hayes Markey

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.099 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4823 Marshall Peterson (MN) Skelton the gentlewoman from Florida (Ms. Pickering Sanchez, Loretta Taylor (NC) Matheson Peterson (PA) Slaughter Pitts Sanders Terry ROS-LEHTINEN) that the House suspend Matsui Petri Smith (MI) Platts Sandlin Thomas McCarthy (MO) Pickering Smith (NJ) the rules and pass the bill, H.R. 4053, on Pombo Saxton Thompson (CA) McCarthy (NY) Pitts Smith (TX) which the yeas and nays are ordered. Pomeroy Schakowsky Thompson (MS) McCollum Platts Smith (WA) This will be a 5-minute vote. Porter Schiff Thornberry McCotter Pombo Snyder Portman Scott (GA) Tiberi McCrery Pomeroy Solis The vote was taken by electronic de- Price (NC) Scott (VA) Tierney McDermott Porter Souder vice, and there were—yeas 365, nays 56, Pryce (OH) Sensenbrenner Towns McGovern Portman Spratt not voting 12, as follows: Putnam Serrano Turner (OH) McHugh Price (NC) Quinn Sessions Turner (TX) Stark [Roll No. 289] McInnis Pryce (OH) Stearns Radanovich Shaw Udall (CO) McIntyre Putnam Stenholm YEAS—365 Rahall Shays Udall (NM) McKeon Quinn Ramstad Sherman Upton Strickland Abercrombie Doggett Kleczka McNulty Radanovich Stupak Rangel Sherwood Van Hollen Ackerman Dooley (CA) Kline ´ Meehan Rahall Sullivan Regula Shimkus Velazquez Meeks (NY) Ramstad Alexander Doolittle Knollenberg Rehberg Shuster Visclosky Sweeney Allen Doyle Kolbe Menendez Rangel Tancredo Reyes Simmons Vitter Mica Regula Andrews Dreier Kucinich Reynolds Simpson Walden (OR) Tanner Baca Dunn LaHood Michaud Rehberg Tauscher Rodriguez Skelton Walsh Millender- Renzi Bachus Edwards Lampson Taylor (MS) Rogers (AL) Slaughter Waters McDonald Reyes Baird Ehlers Langevin Rogers (KY) Smith (NJ) Watson Terry Miller (FL) Reynolds Baker Emanuel Lantos Rogers (MI) Smith (TX) Watt Thomas Miller (MI) Rodriguez Baldwin Engel Larsen (WA) Rohrabacher Smith (WA) Waxman Thompson (CA) Miller (NC) Rogers (AL) Ballenger English Larson (CT) Ros-Lehtinen Snyder Weiner Thompson (MS) Miller, Gary Rogers (KY) Barton (TX) Eshoo Latham Ross Solis Weller Thornberry Miller, George Rogers (MI) Bass Etheridge LaTourette Rothman Spratt Wexler Tiahrt Mollohan Rohrabacher Beauprez Evans Leach Roybal-Allard Stark Whitfield Tiberi Moore Ros-Lehtinen Becerra Farr Lee Royce Stearns Wicker Tierney Moran (KS) Ross Bell Fattah Levin Ruppersberger Stenholm Wilson (NM) Toomey Moran (VA) Rothman Berkley Ferguson Lewis (CA) Rush Strickland Wilson (SC) Towns Murphy Roybal-Allard Berry Filner Lewis (GA) Ryan (OH) Stupak Wolf Murtha Royce Turner (OH) Biggert Foley Lewis (KY) Ryan (WI) Sullivan Woolsey Musgrave Ruppersberger Turner (TX) Bilirakis Ford Linder Ryun (KS) Sweeney Wu Myrick Rush Udall (CO) Bishop (GA) Fossella Lipinski Sabo Tanner Wynn Nadler Ryan (OH) Udall (NM) Bishop (NY) Frank (MA) LoBiondo Sa´ nchez, Linda Tauscher Young (AK) Napolitano Ryan (WI) Upton Blackburn Frelinghuysen Lofgren T. Taylor (MS) Young (FL) Neal (MA) Ryun (KS) Van Hollen Blumenauer Frost Lowey ´ Nethercutt Sabo Velazquez Blunt Gallegly Lucas (KY) NAYS—56 Visclosky Boehlert Neugebauer Sa´ nchez, Linda Gerlach Lucas (OK) Aderholt Feeney Miller (FL) Vitter Boehner Gibbons Lynch Ney T. Akin Flake Moran (KS) Walden (OR) Bonilla Gilchrest Majette Northup Sanchez, Loretta Barrett (SC) Forbes Musgrave Walsh Bono Gillmor Maloney Norwood Sanders Bartlett (MD) Franks (AZ) Myrick Nunes Sandlin Wamp Boozman Gingrey Markey Bishop (UT) Garrett (NJ) Waters Boswell Gonzalez Marshall Neugebauer Nussle Saxton Bonner Goode Norwood Oberstar Schakowsky Watson Boucher Gordon Matheson Burgess Goodlatte Otter Obey Schiff Watt Boyd Goss Matsui Cannon Harris Paul Olver Schrock Waxman Bradley (NH) Granger McCarthy (MO) Carter Hayes Pence Ortiz Scott (GA) Weiner Brady (PA) Graves McCarthy (NY) Chocola Hayworth Renzi Osborne Scott (VA) Weldon (FL) Brady (TX) Green (TX) McCollum Coble Hensarling Schrock Ose Sensenbrenner Weller Brown (OH) Green (WI) McCotter Collins Herger Otter Serrano Wexler Brown (SC) Greenwood McCrery Cubin Hoekstra Shadegg Owens Sessions Whitfield Brown, Corrine Grijalva McDermott Culberson Hostettler Smith (MI) Oxley Shadegg Wicker Brown-Waite, Gutierrez McGovern Davis, Jo Ann Isakson Tancredo Pallone Shaw Wilson (NM) Ginny Gutknecht McHugh Deal (GA) Johnson, Sam Tiahrt Pascrell Shays Wilson (SC) Burns Hall McInnis Duncan Jones (NC) Toomey Pastor Sherman Wolf Burr Harman McIntyre Emerson King (IA) Wamp Paul Sherwood Woolsey Burton (IN) Hart McKeon Everett Manzullo Weldon (FL) Payne Shimkus Wu Buyer Hastings (WA) McNulty Pearce Shuster Wynn Calvert Hefley Meehan NOT VOTING—12 Camp Herseth Meeks (NY) Pelosi Simmons Young (AK) Bereuter Deutsch Meek (FL) Cantor Hill Menendez Pence Simpson Young (FL) Berman Gephardt Souder Capito Hinchey Mica Carson (IN) Hastings (FL) Tauzin NOT VOTING—15 Capps Hinojosa Michaud DeMint Israel Weldon (PA) Bereuter Gephardt Jones (OH) Capuano Hobson Millender- Berman Greenwood Meek (FL) Cardin Hoeffel McDonald ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Holden Miller (MI) Carson (IN) Hastings (FL) Tauzin The SPEAKER pro tempore (during DeMint Hunter Taylor (NC) Carson (OK) Holt Miller (NC) Deutsch Israel Weldon (PA) Case Honda Miller, Gary the vote). Members are advised 2 min- Castle Hooley (OR) Miller, George utes remain in this vote. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chabot Houghton Mollohan The SPEAKER pro tempore (Mr. Chandler Hoyer Moore b 1632 Clay Hulshof Moran (VA) TERRY) (during the vote). There are 2 Clyburn Hunter Murphy Messrs. FEENEY, HAYWORTH, minutes left in this vote. Cole Hyde Murtha WAMP and BURGESS changed their Conyers Inslee Nadler b 1624 Cooper Issa Napolitano vote from ‘‘yea’’ to ‘‘nay.’’ So (two-thirds having voted in favor So (two-thirds having voted in favor Costello Istook Neal (MA) Cox Jackson (IL) Nethercutt thereof) the rules were suspended and thereof) the rules were suspended and Cramer Jackson-Lee Ney the bill was passed. the bill was passed. Crane (TX) Northup The result of the vote was announced The result of the vote was announced Crenshaw Jefferson Nunes Crowley Jenkins Nussle as above recorded. as above recorded. Cummings John Oberstar A motion to reconsider was laid on A motion to reconsider was laid on Cunningham Johnson (CT) Obey the table. the table. Davis (AL) Johnson (IL) Olver Davis (CA) Johnson, E. B. Ortiz f f Davis (FL) Jones (OH) Osborne UNITED STATES INTERNATIONAL Davis (IL) Kanjorski Ose REGARDING THE SECURITY OF Davis (TN) Kaptur Owens LEADERSHIP ACT OF 2004 Davis, Tom Keller Oxley ISRAEL AND THE PRINCIPLES OF The SPEAKER pro tempore. The DeFazio Kelly Pallone PEACE IN THE MIDDLE EAST DeGette Kennedy (MN) Pascrell pending business is the question of sus- Delahunt Kennedy (RI) Pastor The SPEAKER pro tempore. The pending the rules and passing the bill, DeLauro Kildee Payne pending business is the question of sus- H.R. 4053. DeLay Kilpatrick Pearce pending the rules and agreeing to the The Clerk read the title of the bill. Diaz-Balart, L. Kind Pelosi concurrent resolution, H. Con. Res. 460. Diaz-Balart, M. King (NY) Peterson (MN) The SPEAKER pro tempore. The Dicks Kingston Peterson (PA) The Clerk read the title of the con- question is on the motion offered by Dingell Kirk Petri current resolution.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.020 H23PT1 H4824 CONGRESSIONAL RECORD — HOUSE June 23, 2004 The SPEAKER pro tempore. The McHugh Pomeroy Slaughter REMOVAL OF NAME OF MEMBER McInnis Porter Smith (MI) question is on the motion offered by McIntyre Portman Smith (NJ) AS COSPONSOR OF H.R. 1205 the gentlewoman from Florida (Ms. McKeon Price (NC) Smith (TX) Mr. CARSON of Oklahoma. Mr. ROS-LEHTINEN) that the House suspend McNulty Pryce (OH) Smith (WA) Speaker, I ask unanimous consent to the rules and agree to the concurrent Meehan Putnam Snyder Meeks (NY) Quinn Solis have my name removed as a cosponsor resolution, H. Con. Res. 460, on which Menendez Radanovich Souder of H.R. 1205. the yeas and nays are ordered. Mica Rahall Spratt The SPEAKER pro tempore. Is there This will be a 5-minute vote. Michaud Ramstad Stearns objection to the request of the gen- Millender- Rangel Stenholm The vote was taken by electronic de- McDonald Regula Strickland tleman from Oklahoma? vice, and there were—yeas 407, nays 9, Miller (FL) Rehberg Stupak There was no objection. answered ‘‘present’’ 3, not voting 14, as Miller (MI) Renzi Sullivan f follows: Miller (NC) Reyes Sweeney Miller, Gary Reynolds Tancredo REMOVAL OF NAME OF MEMBER [Roll No. 290] Miller, George Rodriguez Tanner AS COSPONSOR OF H.R. 3720 YEAS—407 Mollohan Rogers (AL) Tauscher Moore Rogers (KY) Taylor (MS) Mr. WEXLER. Mr. Speaker, I ask Abercrombie Cummings Hinchey Moran (KS) Rogers (MI) Taylor (NC) unanimous consent to have my name Ackerman Cunningham Hinojosa Moran (VA) Rohrabacher Terry removed as a cosponsor of H.R. 3720. Aderholt Davis (AL) Hobson Murphy Ros-Lehtinen Thomas Akin Davis (CA) Hoeffel Murtha Ross Thompson (CA) The SPEAKER pro tempore. Is there Alexander Davis (FL) Hoekstra Musgrave Rothman Thompson (MS) objection to the request of the gen- Allen Davis (IL) Holden Myrick Roybal-Allard Thornberry tleman from Florida? Andrews Davis (TN) Holt Nadler Royce Tiahrt There was no objection. Baca Davis, Jo Ann Honda Napolitano Ruppersberger Tiberi Bachus Davis, Tom Hooley (OR) Neal (MA) Rush Tierney f Baird Deal (GA) Hostettler Nethercutt Ryan (OH) Toomey Baker DeFazio Houghton Ney Ryan (WI) Towns GENERAL LEAVE Baldwin DeGette Hoyer Northup Ryun (KS) Turner (OH) Mr. GOSS. Mr. Speaker, I ask unani- Ballenger Delahunt Hulshof Norwood Sabo Turner (TX) mous consent that all Members may Barrett (SC) DeLauro Hunter Nunes Sa´ nchez, Linda Udall (CO) Bartlett (MD) DeLay Hyde Nussle T. Udall (NM) have 5 legislative days within which to Barton (TX) Diaz-Balart, L. Inslee Oberstar Sanchez, Loretta Upton revise and extend their remarks and in- Bass Diaz-Balart, M. Isakson Obey Sanders Van Hollen clude extraneous material on H.R. 4548, Beauprez Dicks Issa Olver Sandlin Vela´ zquez Becerra Doggett Istook Ortiz Saxton Visclosky the bill about to be considered. Bell Dooley (CA) Jackson (IL) Osborne Schakowsky Vitter The SPEAKER pro tempore. Is there Berkley Doolittle Jackson-Lee Ose Schiff Walden (OR) objection to the request of the gen- Berry Doyle (TX) Otter Schrock Walsh Biggert Dreier Jefferson tleman from Florida? Owens Scott (GA) Wamp There was no objection. Bilirakis Duncan Jenkins Oxley Scott (VA) Waxman Bishop (GA) Dunn John Pallone Sensenbrenner Weiner f Bishop (NY) Edwards Johnson (CT) Pascrell Serrano Weldon (FL) Bishop (UT) Ehlers Johnson (IL) Pastor Sessions Weller INTELLIGENCE AUTHORIZATION Blackburn Emanuel Johnson, E. B. Pearce Shadegg Wexler ACT FOR FISCAL YEAR 2005 Blumenauer Emerson Johnson, Sam Pelosi Shaw Whitfield Blunt Engel Jones (NC) Pence Shays Wicker The SPEAKER pro tempore. Pursu- Boehlert English Jones (OH) Peterson (MN) Sherman Wilson (NM) ant to House Resolution 686 and rule Boehner Eshoo Kanjorski Peterson (PA) Sherwood Wilson (SC) XVIII, the Chair declares the House in Bonilla Etheridge Kaptur Petri Shimkus Wolf the Committee of the Whole House on Bonner Evans Keller Pickering Shuster Wu Bono Everett Kelly Pitts Simmons Wynn the State of the Union for the consider- Boozman Farr Kennedy (MN) Platts Simpson Young (AK) ation of the bill, H.R. 4548. Boswell Fattah Kennedy (RI) Pombo Skelton Young (FL) Boyd Feeney Kildee b 1641 Bradley (NH) Ferguson Kind NAYS—9 Brady (PA) Filner King (IA) IN THE COMMITTEE OF THE WHOLE Conyers Kucinich Stark Accordingly, the House resolved Brady (TX) Flake King (NY) Dingell Lee Waters Brown (OH) Foley Kingston Kilpatrick Paul Woolsey itself into the Committee of the Whole Brown (SC) Forbes Kleczka House on the State of the Union for the Brown, Corrine Ford Kline ANSWERED ‘‘PRESENT’’—3 Brown-Waite, Fossella Knollenberg consideration of the bill (H.R. 4548) to Payne Watson Watt Ginny Frank (MA) Kolbe authorize appropriations for fiscal year Burgess Franks (AZ) LaHood NOT VOTING—14 2005 for intelligence and intelligence- Burns Frelinghuysen Lampson Burr Frost Langevin Bereuter Deutsch Meek (FL) related activities of the United States Burton (IN) Gallegly Lantos Berman Gephardt Neugebauer Government, the Community Manage- Buyer Garrett (NJ) Larsen (WA) Boucher Hastings (FL) Tauzin ment Account, and the Central Intel- Calvert Gerlach Larson (CT) Carson (IN) Israel Weldon (PA) DeMint Kirk ligence Agency Retirement and Dis- Camp Gibbons Latham ability System, and for other purposes, Cannon Gilchrest LaTourette ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Gillmor Leach with Mr. SIMPSON in the chair. Capito Gingrey Levin The SPEAKER pro tempore (Mr. The Clerk read the title of the bill. Capps Gonzalez Lewis (CA) TERRY) (during the vote). Members are The CHAIRMAN. Pursuant to the Capuano Goode Lewis (GA) advised there are 2 minutes remaining rule, the bill is considered as having Cardin Goodlatte Lewis (KY) Cardoza Gordon Linder in this vote. been read the first time. Carson (OK) Goss Lipinski b 1641 Under the rule, the gentleman from Carter Granger LoBiondo Florida (Mr. GOSS) and the gentle- Case Graves Lofgren So (two-thirds having voted in favor woman from California (Ms. HARMAN) Castle Green (TX) Lowey thereof) the rules were suspended and Chabot Green (WI) Lucas (KY) each will control 30 minutes. Chandler Greenwood Lucas (OK) the concurrent resolution was agreed The Chair recognizes the gentleman Chocola Grijalva Lynch to. from Florida (Mr. GOSS). Clay Gutierrez Majette The result of the vote was announced Mr. GOSS. Mr. Chairman, I yield my- Clyburn Gutknecht Maloney as above recorded. Coble Hall Manzullo self such time as I may consume. Cole Harman Markey A motion to reconsider was laid on Mr. Chairman, I rise in support of Collins Harris Marshall the table. H.R. 4548, and I ask my colleagues on Cooper Hart Matheson Stated for: both sides of this great House to sup- Costello Hastings (WA) Matsui Cox Hayes McCarthy (MO) Mr. KIRK. Mr. Speaker, earlier today, I port this bill. Casting their vote is a Cramer Hayworth McCarthy (NY) missed rollcall vote No. 290, H. Con. Res. vote of confidence, respect, and deep Crane Hefley McCollum 460, regarding the security of Israel and the admiration for the honorable and he- Crenshaw Hensarling McCotter principles of peace in the Middle East. As a roic patriots who toil quietly, and usu- Crowley Herger McCrery Cubin Herseth McDermott strong supporter of the state of Israel had I ally without notice, throughout the in- Culberson Hill McGovern been present I would have voted ‘‘yea’’. telligence community in order to keep

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.105 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4825 us safe, prosperous, and free in this pabilities, which are critical. Tens of ously the responsibility, our commit- wonderful country. It is imperative millions are included for improved for- ment it is, to safeguard properly classi- that these men and women understand eign language capabilities. fied material by using closed sessions. in these troubled times that this House This money has been carefully ap- That, incidentally, has been the prac- holds them in the highest regard and plied; it is carefully managed. This bill tice for all the recent Congresses that appreciates that the work accom- is very close to the bill passed unani- I have been on the committee. plished by them is critical to the de- mously out of our sister committee in We must also be mindful that our en- fense of our liberty and security. Amid the other body, with one major excep- emies watch and hear what we say. Our great sacrifice and often intense condition, of course, that they did not have audience is the American people pri- tions, the men and women of the intel- the benefit of the contingent emer- marily. Those are the people to whom ligence community continue to per- gency relief fund during their consider- we are accountable and responsible and form their missions with great energy ation. proud of the work we do, and are and admirable devotion to duty. We b 1645 pleased to share it with them. But, un- commend these officers. The security fortunately, our enemies are listening of our Americans at home and abroad So, it is fair to say that our bill is too, and we are a Nation at war. Some- truly relies on their success. more generous to the global war on ter- times the enemy is able to gauge their Mr. Chairman, if my colleagues like ror than the other body’s version, and conduct on how this body acts. They the Defense appropriation bill that that bill enjoys bipartisan support, are able to use psychological warfare passed yesterday on a vote of 403 to 17, unanimous bipartisan support I am in- to drive wedges. They also could gain then this bill should equally please my formed. an enormous advantage if we do not colleagues today. Yesterday’s Defense Some in the minority have suggested take the appropriate opportunities to appropriation bill was coordinated that voting down this bill somehow keep from public discourse our com- closely with the House Permanent Se- better supports our intelligence committee discussion on the sensitive in- lect Committee on Intelligence, and munity and makes our country safer. telligence matters that we are charged our funding levels are very, very close. In my view, that is a convolution to with overseeing. And when we have The Intelligence bill currently before the point of absurdity. They say if an that debate in committee, I like the the House, however, authorizes funding attack happens before the election, it committee to have the full range of slightly above the level the appropri- will somehow be our fault for not fund- conversation, so we start out with the ators set for intelligence funding. In ing the global war on terror. idea in closed session and then we win- fact, this Intelligence bill funds the in- I would point out that the 2004 fiscal now out what we can talk about in pub- telligence community at its highest year goes on until October, and any lic, which is why we are here today levels in history. It exceeds the total shortage of resources would be of inter- talking about what we can talk about fiscal year 2004 appropriated level for est to those who did not support the $87 in public. the intelligence community, including billion supplemental bill for fiscal year For the past 7-plus years, I have been all supplementals, approximately by 2004. working to refit the intelligence com- hundreds of millions. As my colleagues All I would say is that the majority munity for its future, with the mem- know, we cannot be totally precise on in the House Permanent Select Com- bers of the committee, for whom I am the numbers we speak. For all intel- mittee on Intelligence voted to support extremely grateful, to posture it for ligence programs in this bill, the com- the men and women of the intelligence the days ahead. We have always mittee authorizes a total of approxi- community in this bill today. We did worked hard on the committee to cre- mately 16 percent over the President’s not vote against the community and ate a constituency for intelligence in- February request. we did not shortchange the community side and outside of this institution. We This bill increases investment in in the global war on terrorism. have insisted that the committee be human intelligence and the capabili- Now, there is an irony here. For both supportive advocates and con- ties that they represent for us, the core years, I have been trying to get more structive overseers. None of like mission of our intelligence community. support for intelligence. Usually the gotcha politics when it comes to na- It improves intelligence analysis, cov- record will show that usually the cut- tional security. erage in depth, so that we have more ting amendments have come from cer- I have tried to engage the past two focused, sharper information for our tain Members of the minority, as is administrations on the needs to retool decisionmakers. It strengthens intel- their right. Now, it seems my sin is to the Intelligence Community for smart- ligence community language capabili- bring forth a bill that spends not er, better days ahead, and I have had ties across the board, through both im- enough on intelligence rather than too the full support of the committee in proved legislative authorities and ini- much. Frankly, I think I should de- our efforts so far. This bill continues tial investment, so we have the people clare victory and say thank you all for that effort. I urge its adoption. who know the languages we need to listening. Mr. Chairman, I submit the following know to do our job. But I will be disappointed, on a seri- for the RECORD. ous note, if at the end of this day, It improves the structure and man- STATEMENT OF ADMINISTRATION POLICY—H.R. agement of the disparate elements of Members on all sides cannot agree that 4548—INTELLIGENCE AUTHORIZATION ACT the intelligence community’s informa- this bill authorizes proper sums care- FOR FY 2005 tion technology systems by creating an fully managed and properly coordi- The Administration supports House pas- intelligence community Chief Informa- nated with the appropriators and the sage of HR 4548, which authorizes appropriation Officer, hopefully to get better co- other affected committees. tions for fiscal year 2005 for the conduct of ordination so that we can overcome This is a very good bill with many the intelligence and intelligence-related ac- some of the problems we learned as we important aspects that I have outlined. tivities of the United States Government. reviewed the events of 9/11. It bolsters Indeed, it is with some hope I note the The committee-reported bill authorizes fund- classified version of the minority views ing that strengthens core intelligence capa- U.S. counterintelligence resource capabilities and supports intelligence activities bilities; and, specifically, it adds 22 in their very first paragraph admit as that would sustain the Global War on Terror. percent above the President’s request much. Members who took the time to Now more than ever before, our Nation’s for human intelligence and human-re- come up to the committee spaces to re- security relies on accurate, timely, and ac- lated programs. That is the core busi- view the classified annex, which is tionable intelligence—and the challenges ness of intelligence. Substantial in- available to all Members as usual, have facing the intelligence community are dif- creases in funding for improved analyt- seen the important work this com- ficult and complex. This makes it vitally im- ical capabilities, as I have said, are in- mittee has done. portant for the administration and Congress Our work is not done in the public to work together to provide the intelligence cluded. community with the tools and resources it Significant additional amounts for with klieg lights all the time. But it is needs to enhance our national security pos- information technology infrastructure, a little misleading to suggest, as some ture, win the Global War on Terror, and re- what we call enterprise architecture, is have, that the committee product is duce the proliferation of weapons of mass de- included, and information-sharing ca- less worthy because we do take seri- struction.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.107 H23PT1 H4826 CONGRESSIONAL RECORD — HOUSE June 23, 2004 We are making advances in our ability to nesota (Mr. PETERSON) and the gen- sition and replace it with a 21st cen- collect, process, and analyze intelligence in- tleman from Iowa (Mr. BOSWELL) all tury organization capable of inte- formation. Although not part of this bill, proposed an amendment to fully fund grating 15 intelligence agencies into crucial innovations such as the PATRIOT one intelligence community and to Act and the Terrorist Threat Integration counterterrorism. Let me demonstrate Center are helping us to protect our home- exactly what this full funding amend- keep full faith with the brave men and land by sharing information better than ever ment does. The majority’s bill funds women who are on the front lines at before. The President has also expressed his only first quarter ops tempo for this hour risking their lives for our interest in working with Congress, when the counterterrorism. The full funding freedom. time is right, to examine structural reforms amendment, which we hope to offer, This bill is weaker, far weaker than that may be needed to improve our intel- funds a full year for counterterrorism. the American people deserve. ligence capability in the future. The upcom- The majority’s bill gives the CIA 11 Mr. Chairman, I reserve the balance ing reports of the Senate intelligence Com- of my time. mittee and the 9/11 Commission, along with percent less than fiscal year 2004 funding, whereas the full funding amend- Mr. GOSS. Mr. Chairman, I yield 2 the work of the Commission on Intelligence minutes to the gentleman from Florida Capabilities Regarding Weapons of Mass De- ment we had hoped to offer gives the struction, will provide important informa- CIA 5 percent more than 2004 funding. (Mr. YOUNG), the distinguished chair- tion that will help Congress and the Admin- The majority’s bill funds only 5 percent man of the House Committee on Appro- istration in this effort. of the NRO’s CT budget, 19 percent of priations. The Administration looks forward to work- Mr. YOUNG of Florida. Mr. Chair- NSA’s CT budget, 26 percent of NGA’s ing with Congress to support the vital work man, a world controlled by terrorists CT budget, and 35 percent of the CIA’s of the intelligence community, especially its or threats of terrorists is not accept- CT budget. The full funding amend- counterterrorism activities, to assure con- able. A world controlled by dictators or ment funds 100 percent of these budg- tinued strong, flexible intelligence capabili- dictatorial regimes or corrupt regimes ties, and to refine certain provisions in this ets. is not acceptable. The United States of bill, including relating to procurement, to Finally, the majority’s bill provides America is vulnerable on many fronts ensure that these provisions maintain the no supplemental funding for critical to these types of threats, but the more flexibility the President needs to most effec- CT HUMINT support functions whereas tively manage the ongoing war against ter- effective our intelligence operations, the full funding amendment provides rorists of global reach. the better we are at what we do in the full funding for all the HUMINT sup- Mr. Chairman, I reserve the balance field of intelligence, whether it is tech- port functions. of my time. nical intelligence or human intel- In short, Mr. Chairman, H.R. 4548 is Ms. HARMAN. Mr. Chairman, I yield ligence. The more effective our intel- too weak. What is the President going myself such time as I may consume. ligence is, the more secure America is to tell the American people when they (Ms. HARMAN asked and was given and will be. permission to revise and extend her re- learn that we are going to have a gap I believe we did very well in the area marks.) in counterterrorism funding next year? of overhead technology, as well as Ms. HARMAN. Mr. Chairman, strong There could be a gap of 3 to 4 months other types of technology, many of intelligence is our first line of defense before we pass a new supplemental. which we cannot even talk about here in the war on terrorism. And make no And during that gap, our Nation will be in this open session today, but we have mistake, we are at war. The gruesome at unnecessary risk at a time when, for not done nearly as well on human in- beheadings of Danny Pearl, Nick Berg, example, we will be having events like telligence. And today’s world requires Paul Johnson, and yesterday’s murder the presidential inauguration and the a very effective human intelligence ca- of 33-year-old Kim Sun Il of South Super Bowl. pability. Korea are stark reminders of the na- The majority has twisted itself into a The gentleman from Florida (Chair- ture of our enemy. pretzel trying to justify this weak bill, man GOSS) and I have discussed this Our brave men and women in the in- all the while bemoaning the harmful many, many times, because, as we ap- telligence community are on the front impact of budgeting-by-supplemental propriate for the intelligence activi- lines fighting that enemy. They risk on our intelligence community’s abil- ties, we work very closely with my col- their lives for our freedom and they de- ity and our committee’s ability to do league as he authorizes intelligence ac- serve our unflinching support. Yet, un- robust oversight. tivities. fortunately, Mr. Chairman, this legis- Jim Pavitt, the CIA’s Deputy Direc- This bill, while I am sure you will lation deprives them of full support. tor for Operations, gave a speech this hear much debate today that it is not This bill provides less than one-third of week in which he said that, ‘‘there is a perfect piece of legislation, is a very the key funding that the intelligence no end in sight’’ to the terrorist threat good step toward making our intel- community has told us they need to we face. Terrorism is no longer a one- ligence capability far more effective. fight the war on terrorism. Less than time emergency. It is no longer some- And I would say again, effective intel- one-third. thing we should scramble around to ligence is good security. The more ef- I want to use my time to engage the fund. It is our way of life. It is our cen- fective the intelligence is, the more se- gentleman from Florida (Chairman tral national security challenge. And if cure our Nation and our people. GOSS) in a brief dialogue on this impor- the White House or the majority does I commend the gentleman from Flor- tant issue. I would like to ask my col- not understand that, then we are in se- ida (Chairman GOSS) for the good work league directly, on my time, Mr. Chair- rious danger. that he has done in preparing this leg- man, does this bill provide all of the In our committee we offered several islation. I know that there will be seri- counterterrorism funding that the in- amendments to strengthen intelligence ous debate. There will be amendments telligence agencies have told our com- and strengthen oversight. They were that will be offered. But I have to give mittee they need for the coming year? common sense measures. Yet, all of credit to the chairman for having pro- Yes or no. them were rejected on party line votes. duced a good product. I yield to the gentleman. Mr. Chairman, we know terrorists I hope that the House will vote on Mr. GOSS. Mr. Chairman, officially are actively planning to attack us this bill in big numbers. While we yes, because we do have the statement again. We know there is nuclear mate- worked together in developing our ap- of support from the administration on rial out there that is unaccounted for propriations bill that we passed yester- this bill. for sale to the highest bidder. We know day, we actually came up with our own Ms. HARMAN. Well, Mr. Chairman, I the next attack will be followed by the conclusions, but our conclusions were appreciate that response, but the clas- usual Washington hand-wringing about very similar in to those in this author- sified schedule of authorizations in the why we did not do more. ization. majority’s bill specifically states that The rule under which we debate So I support the bill and I commend the additional funds are only for the today has squandered an opportunity the chairman. first quarter of the year. Well, that is to do much more. We have lost an op- Ms. HARMAN. Mr. Chairman, I yield woefully inadequate. portunity to strengthen intelligence, 2 minutes to the gentleman from Mis- The gentleman from Alabama (Mr. to strengthen congressional oversight, souri (Mr. SKELTON), the ranking mem- CRAMER), the gentleman from Min- to retire the soon-to-be-vacant DCI po- ber on the House Committee on Armed

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.108 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4827 Services, the committee on which I was should wait 5 years, and it also author- dle of the global war on terrorism, and honored to serve for 6 years. izes a very sizeable amount beyond the I say it could not be more important. Mr. SKELTON. Mr. Chairman, this is DCI’s base request to ensure we keep This bill moves us closer to acquiring an important bill. It provides for the up the maximum possible operational the capabilities and directions that are programs and activities in our national tempo against the counterterrorism needed not only to win the war on ter- intelligence agencies. As the attacks of and counterproliferation targets, both ror but to win the peace in Iraq and to September 11, 2001, and the war in Iraq inside and outside the theater of war. make sure we do not forget about the have taught us, timely and accurate in- In the area of analysis, significant rest of the world. We must never forget telligence is so vitally important in new funds will be provided to address a that the actions of others affects U.S. both protecting our country domesti- critical concern: the simple lack of an- national security interests. We must cally as well as enabling us to act mili- alytical depth. The DI analytical cadre never retreat in the face of evil. tarily. is badly in need of bench strength and Vote ‘‘yes’’ on H.R. 4548 because it is I view this bill from the perspective real expertise. We have been burning urgently needed. The Nation simply of having served on the Committee on up our analysts in wartime conditions cannot afford to shortchange its men Armed Services for over 25 years, and and shipping the majority of them to and women out on the frontlines. also as a former member of the Perma- cover pressing counterterrorism re- Ms. HARMAN. Mr. Chairman, those nent Select Committee on Intelligence. quirements since the mid-1990s without of us on this side of the aisle feel it is Year in and year out, both of the bills being able to adequately backfill posi- important to fund stronger intelligence from the Committee on Armed Serv- tions. in the global war on terror, and it is ices as well as Permanent Select Com- Those analysts need to have the right now my pleasure to yield 2 minutes to mittee on Intelligence historically skills, firsthand exposure to countries the gentleman from Texas (Mr. REYES), passed the House with broad bipartisan or issues they cover, cultural apprecia- a dedicated member of our committee. support. tion and, if at all possible, the nec- Mr. REYES. Mr. Chairman, I thank That is why I am troubled by the essary foreign language skills in order the gentlewoman for yielding me the path the intelligence authorization bill to be effective, and H.R. 4548 addresses time, and I also want to express my ap- has taken this year. I cannot remember all of these issues, particularly with re- preciation to the gentleman from Flor- the last time an intelligence bill passed gard to language, which has consist- ida (Mr. GOSS), our chairman, and the out of committee on a party line vote ently been a high-priority item for the ranking member for the hard work or when amendments offered in com- Permanent Select Committee on Intel- that they always put into these kinds mittee were all voted down on a party ligence and a pressing need for the of efforts and legislation. line. I am also disappointed that the whole intelligence community. Mr. Chairman, there is much that we Committee on Rules only made in The bill addresses counterintel- expect from our military, from our in- order one Democratic amendment. ligence shortfalls, ensures that the nec- telligence personnel, and from our ci- essary infrastructure for field oper- vilian employees in what we call this b 1700 ations, training, and a host of other war on terrorism. We all take a great What is all the more disappointing is important activities are adequately deal of pride in their work, their pro- that apparently the reason for the pos- funded, and brings astonishingly new fessionalism, their dedication, and, yes, ture of this bill is that the majority technical tools into play. sometimes the sacrifice that they has been unwilling to provide as much The bill continues the committee’s make by making the ultimate sacrifice funding for counterterrorism activities long-standing efforts to get the CIA’s on behalf of our great Nation. as intelligence agencies have told the dangerously flawed compensation re- So my question this afternoon is, committee they need. I would remind form plan back on track; and it dem- When we expect so much from them, my colleagues that we are now in a war onstrates that we strongly support a why can we not expect the same from against terrorism. I would think that more aggressive, risk-taking, innova- ourselves? Why can we not put to- we should make sure that all the fund- tive intelligence collection posture. gether a piece of legislation that sup- ing goes into the counterterrorist area. Such a posture would finally give us a ports them with the same dedication, So although this bill may provide an fighting chance to penetrate terrorist the same professionalism, the same overall increase in funding, which is a groups. It would also allow us to tackle level, 100 percent, of the funds that are positive note for these intelligence ac- other hard-target countries, countries required for them to succeed? tivities, the details really are impor- that have plans and intentions to do us In this legislation, Mr. Chairman, I tant. It is unfortunate we cannot in- harm. was pleased to see that some focus in crease the budget in the places that Overall, H.R. 4548 demonstrates that this bill is on improving the func- need to have it the most; and though I we are going to back up our spies and tioning of the new intelligence analysis will favor this bill, I must express my our analysts when it counts the most. element of the Department of Home- disappointment, my deep disappoint- To my distinguished colleagues on land Security. I was also pleased that ment at the shortage in this area. both sides of the aisle, this war we are the bill, in general terms, recognizes Mr. GOSS. Mr. Chairman, I yield 4 in is not just about Iraq or about Af- the importance of sharing information minutes to the distinguished gen- ghanistan or about where Osama bin between the Federal, local, and State tleman from Nevada (Mr. GIBBONS), a Laden may be hiding. It is truly a glob- levels and also the Federal levels such chairman of a subcommittee of the al war on terrorism with significant as the FBI. committee. global challenges; and these include I was, however, Mr. Chairman, dis- Mr. GIBBONS. Mr. Chairman, I rise money laundering, illicit traffic, the appointed that the bill did not include today in very strong support of H.R. preaching of hate, kidnapping, extor- language supportive of focusing on the 4548, the Intelligence Authorization tion, and even at the national level, as necessary resources of the El Paso In- Act for fiscal year 2005. we saw, the Madrid train bombing and telligence Center, such as enhancing As the chairman of the Sub- the elections that followed. the key contributions that it makes to- committee on Human Intelligence, It is a war that is going to take time wards homeland security through in- Analysis, and Counterintelligence, I to win. It is a war that is going to take telligence analysis and information can say unequivocally that H.R. 4548 is fortitude to win, and it is a war that is sharing. Just as the committee has in- one of the best, most far-reaching, going to take a substantial and contin- creasingly supported the FBI’s joint most constructively critical, and ur- ued investment in our intelligence terrorism task forces as a potentially gently needed authorization bills that I community. useful model for information sharing, have been involved in. I ask my distinguished colleagues to EPIC is also a successful model for fo- The bill makes urgently needed fixes support H.R. 4548 for the sake of our cusing intelligence and law enforce- to the CIA’s human intelligence collec- Nation’s security. Some of my col- ment resources on protecting the U.S. tion capability that even the DCI sug- leagues across the aisle have decided Southwestern border. gested was 5 years away from being that it is not important to provide for I am most disappointed, Mr. Chair- adequate. I do not believe we can or the intelligence community in the mid- man, that this bill does not include a

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.110 H23PT1 H4828 CONGRESSIONAL RECORD — HOUSE June 23, 2004 provision like the Peterson amend- decades ago: ‘‘Civilization will not sources have left large parts of the ment, which would have funded the in- last,’’ Churchill wrote, ‘‘freedom will world alarmingly undercovered. telligence requirements at the full 100 not survive, peace will not be kept, un- While this bill makes long-term in- percent level in this war on terrorism. less a very large majority of mankind vestments, the bill falls short on ad- This is not about whether we supported unite together to defend them.’’ dressing some of the most urgent the $87 billion supplemental, not about We were united on September 11. Let needs. This bill only provides one-third politics. It is not about anything other us unite today. Let us support the In- of the additional funds the intelligence than giving the full amount of re- telligence authorization bill. Let us do agencies say that they need to fight sources that are necessary to dedicated it because it is the right thing to do. terrorism. personnel in the field. Ms. HARMAN. Mr. Chairman, it is The President will not send the rest Mr. GOSS. Mr. Chairman, I am very my pleasure to yield 3 minutes to the of the funding request to Congress pleased to yield 2 minutes to the gen- gentleman from Iowa (Mr. BOSWELL), until after the election, at the same tleman from North Carolina (Mr. ranking member of the Subcommittee time that he is urgently warning of a BURR), a valued member of the com- on Human Intelligence, Analysis, and possible terrorist attack before the mittee and distinguished Member. Counterintelligence. election. To me, this state of affairs is (Mr. BURR asked and was given per- (Mr. BOSWELL asked and was given unacceptable. mission to revise and extend his re- permission to revise and extend his re- I say to my good friends and col- marks.) marks.) leagues here today, What should the Mr. BURR. Mr. Chairman, our en- Mr. BOSWELL. Mr. Chairman, I American people expect us to do? They emies are watching us. The terrorists thank the gentlewoman for the time. expect us to do what is right to provide I thank the gentleman from Florida know it is an election year, and they them safety through funding (Mr. GOSS) for his hard work. I agree want us to become divided. They be- counterterrorism. I hope the President with some things that have been said lieve that a terrorist act against our will send this supplemental funding re- about the gentleman’s good work. I ac- country will influence our elections. quest to Congress before then so we can tually thought, and I do not say this in They have a belief that democracy can get on with the business of protecting anything but a gentleman’s way, I be divided; yet they underestimate the the American people. thought he would accept our idea to passion of our citizens and their patri- I had hoped that this bill would have fully fund counterterrorism. He sur- otism. been stronger, stronger in its support prised me, but I still do not take away Despite the decision of minority to the dedicated men and women of the from his good work, and I want him to Members to play politics with this bill, intelligence community, and I look for- understand that. I believe we all are united against our ward to working with my colleagues to But the debate over the Intelligence improve it as we go through the con- enemies. These are serious times, and authorization bill this year has been a it is important that we send a message ference. hard fight. There are some serious dis- Mr. GOSS. Mr. Chairman, I would say to our enemies that we cannot be di- agreements about what the best bill to to the distinguished gentleman in the vided. Support this intelligence bill. protect the American people ought to well who just finished that I would Send the message. look like. have been pleased to have the oppor- It sends the message that we are on I believe this bill has not gone far tunity to try and work out his amend- the offensive to eliminate the threats enough to strengthen intelligence and ment if we had seen it ahead of time to our homeland. Our intelligence com- strengthen oversight. before committee. munity needs to know the United We, in this House and on the Perma- Mr. Chairman, I yield 2 minutes to States Congress supports them 100 per- nent Select Committee on Intelligence, the distinguished gentleman from cent. have not shied away from standing Georgia (Mr. COLLINS). This bill increases the funding for the strong and debating these issues head- global war on terrorism. It increases by on. I believe what the American people b 1715 22 percent our human intelligence. It deserve is our best effort to support Mr. COLLINS. Mr. Chairman, I thank supports our effort on counternarcotics what we believe is right. the gentleman from Florida (Chairman to eliminate the 17,000 Americans that A lot of good work has gone into the GOSS) for yielding me this time. die every year from drug-related causes bill. As the ranking Democrat on the Mr. Chairman, I rise in strong sup- and the $160 billion annually in health Subcommittee on Human Intelligence, port of the Intelligence Authorization care, social, and criminal costs. We Analysis, and Counterintelligence, I Act for the next fiscal year. Yes, we are have provided extra funding for the am glad to see funding and support for at war. We are at war and a different DCI to tackle this problem in this analysis. kind of war than we have seen before. country. As we have reviewed the intelligence We are at war with an enemy who has On a personal note, Mr. Chairman, I on Iraq’s WMD, it has become clear to no identity, who has no uniform and would like to bid farewell to my col- us that analysis did not have the abil- has no country. And I agree with the leagues on the House Permanent Select ity to examine the reliability of statement that was made earlier. I see Committee on Intelligence. I have en- sources. It now appears, for example, no end in sight for this war. But, Mr. joyed serving under the leadership of that all four sources that Secretary Chairman, I also see no end to the the gentleman from Florida (Chairman Powell relied upon to describe Iraq’s funding in sight for the intelligence GOSS), and I think we are all fortunate mobile bioweapons facilities were not community who does such a good job of that he was in the Chair immediately solid. I hope that this bill’s support providing us with valuable informa- following September 11. The gentleman will improve the quality of analysis so tion. from Florida (Chairman GOSS) was the that a future Secretary of State has The President said it right at the po- right man for our country when we better intelligence at his or her dis- dium there just past February when he needed an intelligence community with posal. said we are a Nation of many respon- expertise, intelligence, moral clarity, I am also pleased to see investment sibilities, but the primary responsi- and compassion. We will miss him. in long-term HUMINT needs, the hiring bility of this country and this govern- I would also like to recognize the and training of new case officers. The ment is the safety of the American peo- gentleman from Nebraska (Mr. BEREU- demands of the counterterrorism cam- ple. We are discussing the authoriza- TER), who will also leave, and wish him paign have been great and the intel- tion for funding, funding that was good luck on his future endeavors. I ligence agencies have worked hard to passed yesterday in the defense appro- have been proud to serve with both of meet those demands, but the war in priation bill. We disagree on the fund- them. Iraq has stretched our resources. Ac- ing levels, yes. We also disagree on Immediately after September 11, the cording to The Washington Post, one of whether or not we should create a new esteemed chairman of the Committee the largest intelligence efforts since bureaucracy, a new level of bureauc- on International Relations came to the Vietnam War is under way there. racy to head up what I call a super spy this floor and quoted the words of Sir I am concerned that the demands organization for the intelligence com- Winston Churchill which he wrote 6 Iraq has placed on our intelligence re- munity.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.112 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4829 But as we move forward with the hours listening to the different agen- to be proliferated across the globe by changes that are being made today cies tell us how critical it is for these illicit arms traffickers and terrorist over at the CIA with the retirement of funds to be authorized. They roundly groups threatening both military and Director George Tenet, we need to also criticize the practice of funding them civilian aircraft. And those men and keep in sight those who are doing the on recurring supplementals. Supple- women there at MSIC work very hard job and make sure that they have the mentals prevent them from planning to make sure that we are right on the funds and the funds that would be effectively. They prevent us from doing edge of analyzing that material, and we available under this authorization to adequate oversight. They have to rob provide them the skills and the tools perform their duties. Peter to pay Paul while we wait for and the funding to do that with. We will debate the differences, the these additional funds to arrive, and At this time, also I want to thank my differences we have based on the dif- they will probably not receive those colleague from the Alabama delega- ferent political parties, the different funds until sometime next year, in tion, the gentleman from Alabama (Mr. philosophy, and then we will vote on April or May, and as I said, it is going EVERETT) who is also on this select those differences later on in this proc- to leave 3 or 4 months open. committee. He looks after Alabama’s ess, but I urge those on both sides of Supplementals have also been round- involvement through the Missile and the aisle that when it comes to the ly criticized on our committee by a bi- Space Intelligence Center through final passage of this authorization, we partisan membership in the com- those good people there that work on should all vote yes. We should vote to mittee. The agencies have indicated those issues, and we in north Alabama support those who are in harm’s way with some precision that additional thank our lower Alabama native for his gathering information so that we will funds that they will need in the coming dedication and support there as well. have the correct information, as best year, what they are, and we have ad- But we will continue with this effort as possible, to fight the war on ter- dressed that. to make sure that we give the field the rorism and protect the American peo- So the question before the Congress tools that they need to do the work ple. is quite simple. Do we want to fully au- that they should be able to do. A better Ms. HARMAN. Mr. Chairman, I would thorize funds for the intelligence com- understanding of the threat capability point out to the gentleman from Flor- munity’s counterterrorism require- is needed, and this is a bill that pro- ida (Chairman GOSS) that our amendments, or do we not? As it stands now, vides for that as well. ments were shared in advance and our the majority answer to that question is So all in all, I think this is a good views on budgeting by supplemental no, and I think we need a stronger bill. bill, and in spite of my strong feelings have been known for years and are Mr. GOSS. Mr. Chairman, could I in- that we should have fully funded shared by the majority. quire the status of the time on both counterterrorism, there are strengths Mr. Chairman, it is my pleasure to sides? in this bill. The SPEAKER pro tempore (Mr. yield 2 minutes to the gentleman from Ms. HARMAN. Mr. Chairman, I yield Minnesota (Mr. PETERSON), a coura- SIMPSON). The gentleman from Florida 21⁄2 minutes to the gentlewoman from geous member of our committee. (Mr. GOSS) has 12 minutes remaining. California (Ms. ESHOO). Mr. PETERSON of Minnesota. Mr. The gentlewoman from California (Ms. Ms. ESHOO. Mr. Chairman, I thank Chairman, here in general debate, I feel HARMAN) has 151⁄2 minutes remaining. the distinguished ranking member for it is necessary to repeat what I said Ms. HARMAN. Mr. Chairman, I yield her leadership in the committee, and to earlier for the sake of colleagues who 2 minutes to the gentleman from Ala- the chairman of the full committee, may be listening in their offices before bama (Mr. CRAMER), a dedicated mem- who has given much for this country, they come down here to vote. ber of our committee, who is ranking This authorization bill has a lot of member on the Subcommittee on Tech- both in service and in representing his good things in it, and I want to com- nical and Tactical Intelligence. congressional district, as well as this mend the gentleman from Florida Mr. CRAMER. Mr. Chairman, I want committee, I salute him, and we all sa- (Chairman GOSS) and the ranking to thank the gentlewoman from Cali- lute him for it. member, the gentlewoman from Cali- fornia (Ms. HARMAN), and I want to say To the gentleman from Nebraska EREUTER fornia (Ms. HARMAN) and my colleagues to the gentleman from Florida (Chair- (Mr. B ), who will be leaving for the work that they have put to- man GOSS) that I have enjoyed his the House of Representatives, I salute gether in this bill. And to the gen- service on this committee. And even him as well for his wonderful service on tleman from Florida (Chairman GOSS), though we have had strong differences the House Permanent Select Com- I want to say that this Member will here at the very end, we have enjoyed mittee on Intelligence. miss you when you are gone next year, his dedication to these issues and we Mr. Chairman, last week was really and we appreciate your leadership. will miss him. quite an extraordinary week for those But this bill just is not strong To the gentlewoman from California of us who serve on the House Perma- enough. It does not fully authorize (Ms. HARMAN), of course, I count on nent Select Committee on Intelligence. funds for the intelligence community’s your leadership and your dedication to Breaking with past precedent, all com- key counterterrorism operations. It au- the field as well. mittee Democrats voted against the in- thorizes less than a third of the funds Mr. Chairman, I am the ranking telligence authorization bill in the that the intelligence agency needs for member of the Subcommittee on Tech- committee markup. And there was one key counterterrorism operations next nical and Tactical Intelligence, and I primary reason for that, and that is year, and that is just not the right served with the gentleman from Michi- that counterterrorism is underfunded thing to do when the Nation is under gan (Mr. HOEKSTRA) on the other side significantly, by two-thirds, in this au- threat from terrorism. of the aisle. And we have had another thorization bill. The administration has said that good year as well, and despite my dif- I have said more than once you can- they are going to send down another ferences over the counterterrorism not have a 100 percent commitment to supplemental request next year, but funding, I want to talk about positive counterterrorism and the global war on there is ample evidence that al Qaeda aspects of this bill that I do support. terrorism if you are only going to fund is plotting to strike us again this year, In addition to the investments in it by 33 percent. next year and into the future. human intelligence and language We have failed, I believe, to do every- This bill leaves 3 to 4 months open skills, the bill strengthens our Nation’s thing we can to strengthen the over- funding before a supplemental bill can tactical and technical collection and sight. Truth is the oxygen of democ- get through this Congress. If there is analytical capabilities. racy, and it is the responsibility of another terrorist attack, do we want I am proud to say that H.R. 4548 ad- members of the House Permanent Se- the next 9/11 commission to find that vances the analytical efforts at the lect Committee on Intelligence to pur- the Congress failed in our duty to fully Missile and Space Intelligence Center, sue the truth through strong oversight. authorize funding for counter- known as MSIC, which is in Huntsville, We offered amendments to fully fund terrorism? I think not. Alabama, my Congressional district. the intelligence community’s counter- In the Permanent Select Committee MSIC works to assess the capabilities intelligence operations, and we offered on Intelligence, we sit up there for of surface-to-air missiles that continue amendments in the committee to

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.114 H23PT1 H4830 CONGRESSIONAL RECORD — HOUSE June 23, 2004 strengthen oversight. They were re- primrose path? Of course, he is not. So number of important provisions. I am jected by the majority. I offered the do not come here with your charts and pleased to acknowledge the work that amendment at getting the straight do not come here with your staged he did. Nearly $29 million of the $33 story on the Defense Department’s re- speeches and try and diminish the million in language programs that we lationship with a man by the name of work this fellow has been doing on be- find in this bill were what I had specifi- Ahmad Chalabi. half of people all over this world to col- cally recommended or even written. I want to know why the Department lect intelligence and do a good job. They will do a number of things to im- invested so much political and finan- No better person here in this House prove our proficiency in critical lan- cial capital in a man with such a to talk about intelligence and funding guages. checkered past. The CIA terminated its it and making sure that we have the But I am very disappointed in a num- relationship with him because it found money to do it than PORTER GOSS. And ber of failures. There was a common- him to be unreliable. The State Depart- we thank him for his service. Thank sense amendment I offered to provide ment could not account for how he was God he was the Chair of the committee foreign language instruction for stu- spending U.S. Government funds. And when 9/11 happened. dents of science and engineering at despite the obvious warning signs, the And for people who come to the floor American universities. It was a simple Defense Department could not wait to and have voted against opportunities idea. We need it. It was voted down on give him more money. Now we are find- to fund defense and to fund counter- party lines. But the fundamental probing out that Mr. Chalabi’s organization intelligence, really, to me, you have no lem, and this is what we keep coming may have fed the intelligence commu- standing here when you come down back to today, all the world knows nity misleading or fabricated informa- here and say we are selling it short. that there have been some major intelligence failures. We read it in the tion on Iraq’s weapons of mass destruc- You know it is baloney. You know it is world’s press. In fact, too often we read tion. He may have been instrumental not factual. And you know that the about these things in the world’s press in persuading the administration that American people are not going to buy a day or two after critical people have the Iraqi people would welcome U.S. it. This guy is not going to sell the income before our committee and failed soldiers with open arms, rather than telligence community short. to tell us what we need to know in improvised explosive devices. Bipartisanship ended this year, but it order to exert oversight. That is why we have come to the started last year with a document in The reason we are talking about the floor. That is why we have come to the the other body, where a whole game underfunding here is because the ap- floor with our objections. Bipartisan- plan was laid out where the Democrats proach that the administration is tak- ship means that people come together. were going to try to diminish this ad- ing, the approach that the leadership It does not mean that one side stands ministration and use the intelligence here is endorsing is funding by supple- and says, you have to meet us 100 per- community to do it. That is not right. mental appropriations. It removes the cent in order to make it bipartisan. We It is not fair to people who work hard oversight process. A large fraction of should be able to agree on the money in this business, who spend their ca- the funding for counterterrorism is for counterterrorism and for stronger reers trying to find people who want to now removed from the oversight proc- oversight. do harm to America. But that is the ess, and it compromises the work of Mr. GOSS. Mr. Speaker, I am pleased way it is. That is what happens around this committee, it compromises the to yield 3 minutes to the gentleman here. work of this Congress, and it results in from Illinois (Mr. LAHOOD), the distin- And you have fallen into this trap a fundamentally flawed authorization guished chairman of the Subcommittee where your leadership has decided they bill. on Terrorism and Homeland Security. are going to use the intelligence com- Mr. GOSS. Mr. Chairman, I yield 3 (Mr. LAHOOD asked and was given munity to try to diminish the work of minutes to the distinguished gen- permission to revise and extend his re- people who work hard, for no good rea- tleman from Michigan (Mr. HOEKSTRA), marks.) son except for political gain. You know who is the chairman of our Sub- Mr. LAHOOD. Mr. Chairman, let me what? People in the House are not committee on Technical and Tactical add to what I said in the rule about the going to buy it. Intelligence but was also on probably chairman. No one in this House, for the I say support the bill. It is a good the most recent delegation back from last 10 years, has done more for the in- bill. It is a bill that was drafted in a Iraq, and I appreciate the extra effort telligence community, for the people way that will help the intelligence that he and his colleagues made. who work in the intelligence commu- community do the hard work that Mr. HOEKSTRA. I thank the gen- nity than the gentleman from Florida needs to be done. tleman for yielding me this time. (Mr. GOSS). No one has. Mr. Chairman, I rise in strong sup- b 1730 As a former CIA agent, he came to port of H.R. 4548, the Intelligence Au- the House with the kind of experience It will provide the funding that needs thorization Act. I am disappointed by that I think most of us would relish, to be provided, and it is a tribute to some of the rhetoric that we have and he took it to the Permanent Select the chairman of the committee. This is heard from the other side of the aisle Committee on Intelligence and has his last bill. And for those of my col- today. The last speaker on the other done an extraordinary job. Now, does leagues to stand on the floor and di- side of the aisle referenced the unwill- anybody believe that somebody like minish that, I think is wrong. ingness of the committee to accept an Porter Goss is going to sell short the Ms. HARMAN. Mr. Chairman, I yield amendment. The problem is, there are intelligence community; is going to 2 minutes to the gentleman from New other committees in this House that sell short the men and women who Jersey (Mr. HOLT), a reasonably recent have jurisdiction. I have similar bills work in dark places in the world? It is and very dedicated member of our com- in the Committee on Education and the not even believable. mittee. Workforce. The Permanent Select He has been working at it for 10 years Mr. HOLT. Mr. Chairman, there are a Committee on Intelligence accepted a as a member of the committee, 8 years few good features in this bill. For ex- significant portion of what the gen- as the chairman, and he served as an ample, the bill supports the State De- tleman from New Jersey presented. We officer of the CIA. This is nonsense for partment’s Bureau of Intelligence and accepted it. The Committee on Edu- you to be coming to the floor trying to Research funding request and provides cation and the Workforce passed on ju- persuade people, the American people additional funding for enhanced train- risdiction, meaning that even though or Members of the House, that the ing of State Department intelligence we have responsibility to review it, we chairman of the committee is going to activities. Following my request last respect the leadership of the chairman sell short the CIA. Baloney. Do not be- year when my amendments with regard of the committee, we respected the lieve it. If you are watching this on C– to foreign language instruction were work of the members of this com- SPAN, do not believe it. rejected and the leadership assured me mittee, and we respected and realized This guy has been committed to this that we would take care of it this year, how important it was to get that done. stuff his whole life. You think he is I worked closely with the gentleman So we passed on it and we said, let the going to take the committee down this from Nebraska (Mr. BEREUTER) on a intelligence bill carry this forward.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.115 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4831 But when it comes to the little Second Congressional District. NSA is Mr. CUNNINGHAM. I thank the amendment, there is no thank you, no located in my district. I want to ac- chairman for yielding time. I am just thank you to the Committee on Edu- knowledge General Hayden and all the an old man today. cation and the Workforce for passing members of NSA both in Iraq and Af- Mr. Chairman, I would like to invoke the majority of what this individual ghanistan and throughout the world two names: JACK MURTHA and IKE wanted and letting it go without juris- that do a superb job. Unfortunately, SKELTON. If you watched the defense diction. the American people should know more bill go through here, both in authoriza- What I have learned out of this proc- about what they do, but we cannot tion and appropriations, those gentle- ess is that perhaps the next time the really talk about that. men do not care who is President or gentleman from New Jersey proposes The bill also makes some reductions who has the majority. They fight an amendment, we maybe accept the in several NSA programs that I believe tooth, hook and nail for the military, amendment with a realization that are too deep. All of the affected pro- for intelligence, and this Nation. I al- says the committee of jurisdiction also grams are essential to NSA’s overall ways felt that this committee that I ought to have the process and also technology modernization program, serve on did the same thing, until, as it ought to have the opportunity to re- which is key to the future success of has been mentioned, last year, unfortu- view. the agency. I hope that these reduc- nately in election year politics, the This chairman has led the committee tions will be addressed in conference Democrat leadership has forced, I graciously and effectively for a long with the Senate. think, or at least led some of the more period of time. Members on the other Congress last year transferred the thoughtful members to be partisan. side of the aisle are talking about fund- authority to review and approve NSA’s That is the saddest thing. ing. When they had the opportunity to acquisitions programs to the Under In the rule, I talked about the gentle- fund the intelligence community ear- Secretary of Defense for Acquisition in woman from California. During Ronald lier this year, the majority of the mi- the Defense Department. NSA and the Reagan’s burial, I had tears in my eyes. nority said, No, we are not going to Under Secretary are faithfully imple- I could not hold them back. She give the intelligence community the menting this direction, and NSA is, in reached over and took my hand to con- money that they need. Thankfully, the my judgment, making good progress in sole me, patted my hand and said, will of the House went in the other di- restoring confidence in its acquisition ‘‘Duke, isn’t it good to be friends?’’ I rection. management capabilities. would tell the gentlewoman from Cali- What has happened in this process is I want to express again my apprecia- fornia, we are good friends and the tion to the gentleman from Florida. He a breakdown in bipartisanship. It has members on the committee I hunt and is an honorable man. He has done a characterized this committee for as fish with, a lot of them. Some of the la- great job. We have a disagreement on long as it has been on the Hill. I hope dies I do not. that as we move forward, as we move an issue. Again, I ask the majority to What is so disappointing, and I tell through conference we can come back understand, because we disagree does my friends on the other side, we could not mean we are being political. It to a bipartisan approach that the men do this just like IKE SKELTON and JACK means that we think this is in the best and women in the field look to each MURTHA and after sitting in the com- interests of the United States of Amer- and every day. They want to know that mittee for several hours and watching ica and its national security. the people here in Washington and the Ms. HARMAN. Mr. Chairman, I yield the intentional partisanship, intent people around the country support the 2 minutes to the gentlewoman from just to hurt the President, even though effort. you know there were a couple of those California (Ms. LEE). I urge my colleagues to support this Ms. LEE. Mr. Chairman, I rise to en- amendments that I wanted to vote for, bill. gage in a colloquy with the gentle- but there was no way I was going to Ms. HARMAN. Mr. Chairman, I com- woman from California, the ranking vote for them after that and that is mend the last speaker for his sincere member of the Permanent Select Com- sad. I think that we can do better in efforts at bipartisanship. mittee on Intelligence. this committee. We will have dinner Mr. Chairman, I yield 2 minutes to I want to thank the gentlewoman for together. We will hunt, we will fish, the gentleman from Maryland (Mr. her steady leadership on so many and we will cry together; but I just RUPPERSBERGER), our rookie on the issues that are very, very grave related think it is sad at this. committee. to our national security. Let me just PORTER GOSS is the finest chairman Mr. RUPPERSBERGER. Mr. Chair- say that I appreciate this opportunity in defense that I have ever seen in 14 man, first I think I do have to respond to discuss an issue very briefly that is years. His experience at CIA and on to some of the comments made from of great importance, that is, ensuring this committee, sometimes during the the colleagues on the other side of the that our Federal intelligence dollars committee I get upset, but the gen- aisle. I do respect each and every mem- are not used to support groups or indi- tleman from Florida is levelheaded, ber of this committee, and this com- viduals engaged in efforts to overthrow sits there and meets with the ranking mittee should be bipartisan, and our democratically elected governments. member and tries to work through goal is U.S.A. first. I think some of the Ms. HARMAN. Mr. Chairman, will these bills in a very bipartisan way. I comments that were made have to be the gentlewoman yield? think we do ourselves a disservice addressed. Ms. LEE. I yield to the gentlewoman today in some cases. First, there is a lot of respect for our from California. I ask Members to vote for this bill. chairman, the gentleman from Florida. Ms. HARMAN. I thank the gentle- Mr. GOSS. Mr. Chairman, I yield 1 This is not about a personal attack on woman for yielding. I want to assure minute to the distinguished gentleman the gentleman from Florida. I respect her that I understand and fully support from Alabama (Mr. EVERETT). the gentleman from Florida. I respect the general principle reflected in her Mr. EVERETT. Mr. Chairman, I rise what he has done as it relates to the point and appreciate her intention in today in support of H.R. 4548. Am I the intelligence community throughout his raising this issue. I also want to assure only one that finds it odd that my col- career. He has done a great job. How- the gentlewoman that, as this bill leagues from the other side are in the ever, I was elected to come to the Halls moves forward, we will be mindful of position of saying, ‘‘Well, you know, I and the floor of Congress to debate the issue and will try to be helpful. voted for this thing before I voted issues. It seems to me that the major- Ms. LEE. I thank the gentlewoman against it’’? Every one of them voted ity thinks that if we disagree on an for her attention to this issue. I look for it yesterday in the Defense appro- issue that we are being unpatriotic. forward to working with her. priations bill. That is just not so. We disagree on one Mr. GOSS. Mr. Chairman, I yield 2 Nevertheless, I am proud to serve as major issue and that is the major issue minutes to the distinguished gen- a member of this Permanent Select of the funding of counterterrorism. tleman from California (Mr. Committee on Intelligence, and it is a That is what the issue is here today. CUNNINGHAM), a member of our com- distinct privilege to serve as a cross- My comments are basically about mittee who is probably better known over member on the House Committee NSA. I happen to represent Maryland’s as a world-class pilot. on Armed Services. This bill takes the

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.120 H23PT1 H4832 CONGRESSIONAL RECORD — HOUSE June 23, 2004 lead in defense intelligence and fully the intel side which went into his intel and let me commend all members of supports the Secretary of Defense and budget. That is only for a couple of our committee on both sides of the his initiatives to transform the Depart- months. It was understood that was aisle for their focus and dedication to ment for the future. I think we have a just for a couple of months. getting it right. Four of them, the gen- large, but responsible, spending plan And I would say to the gentlewoman tleman from Florida (Chairman GOSS), here, including the contingent emer- who said we have underfunded the gentleman from Nebraska (Mr. BE- gency reserve fund; and the challenge counterterrorism to hold on to her REUTER), the gentleman from North will be to integrate these initiatives horses because we have got a supple- Carolina (Mr. BURR), and the gen- into baseline efforts for the purpose of mental coming up for 2005, which will tleman from Georgia (Mr. COLLINS), fighting terrorism. have a large intel piece to it and she will leave us this year, and I wish them will be tired of voting for intel in- b 1745 fair winds. I also want to explain the creases. gentleman from Florida’s (Mr. Mr. Chairman, I am disappointed, So there is no cut to the intel budget. HASTINGS) absence. Our thoughts are sincerely disappointed, that my friends This was always intended to be a with him as he cares for his ailing on the other side did vote against this bridge. And everybody, everybody, on mother. bill in committee. It is a sad departure both sides of the aisle, we passed this Mr. Chairman, this debate has been from what we normally do in that com- thing 60 to zero in the committee, an very difficult, certainly for me. As ev- mittee. But it is a good bill. It properly overwhelmingly vote in the full House. eryone here knows, over five terms in supports intelligence. It was only be supposed to be for a cou- Congress, I have voted for every intel- I will submit my entire statement at ple of months at the end of this year so ligence authorization bill and every de- this time in the RECORD. our intel people and the people that fense authorization bill, and I have Mr. Chairman, I rise today in support of H.R. wear the uniform would have that often worked to try to plus-up amounts 4548. I am proud to serve as a member of the bridge in the winter months of this in those bills. The brave men and Intelligence Committee, and it is a distinct year. women of the intelligence community privilege to serve as a crossover-Member on So I want to applaud the gentleman rely on us. Without us, they cannot do the House Armed Services Committee. I for everything he has done. We did this their job. I have traveled around the would like to commend the Chairman, Mr. with total synchronization, total co- world and visited with them, and their GOSS, for bringing this bill to the floor at a time ordination, and we have got a great bravery and courage speaks volumes when it is needed most in our country’s his- budget for the folks who carry out the about how much they love this coun- tory. intel duties for this Nation. try. H.R. 4548 addresses a critical need for the Mr. GOSS. Mr. Chairman, I reserve For all of these reasons, I stand here Intelligence Community and the Department of the balance of my time. today with a heavy heart because I feel Defense’s architectural strategy, integration, Ms. HARMAN. Mr. Chairman, I yield that unfortunately and needlessly, this and information sharing among classic intel- myself such time as I may consume. bill could have and should have pro- ligence activities (like SIGINT and IMINT) and (Ms. HARMAN asked and was given vided for stronger intelligence and innovative or dynamic disciplines such as permission to revise and extend her re- stronger oversight. Measurement and Signatures Intelligence marks.) Mr. HUNTER. Mr. Chairman, will the (MASINT), and Human Intelligence (HUMINT) Ms. HARMAN. Mr. Chairman, I would gentlewoman yield? that is being increasingly relied on, in our cur- point out to our last speaker that the Ms. HARMAN. I yield to the gen- rent global conflicts. DOD appropriations bill is a $400 billion tleman from California. This bill takes the lead in Defense Intel- bill, a small fraction of which is for in- Mr. HUNTER. Mr. Chairman, I just ligence and fully supports the Secretary of De- telligence. In my view, that is not the wanted to say to the gentlewoman the fense and his initiatives to transform the De- place for this debate about fully fund- reason we bolted on $25 billion, not $50 partment for the future. I think we have a ing counterterrorism intelligence. The billion, not $75 billion, with a piece of large, but responsible spending plan here, in- intelligence bill is where we should that being carried for her committee cluding the Contingent Emergency Reserve make our stand. And I do appreciate was because we have a war in two thea- Fund, and the challenge will be to integrate the gentleman from California’s (Mr. tres which is ebbing and flowing. We these initiatives into baseline efforts for the HUNTER) clarification, as he just said, cannot see into the future. We may fight against terrorism. that the additional counterterrorism need more money in January and Feb- Mr. Chairman, I would however, also like to funding in his bill is only for a couple ruary than projected $50 billion or even express my sincere disappointment on the de- of months. $75 billion. So I would just say to the cision of the minority Membership of the Com- That is the point we are trying to gentlewoman, there is plenty of money mittee not to vote for this bill. This is a bad de- make, Mr. Chairman. We all are patri- for current operations. Nobody is being parture from the strong tradition of bipartisan ots. We all support the troops. We all short-changed in this year. support for this legislation. support our intelligence personnel. We Ms. HARMAN. Mr. Chairman, re- Mr. Chairman, I am pleased that this bill just think that the primary mission of claiming my time, if I could just re- properly supports the Intelligence Community, the intelligence community ought to spond to the gentleman, and I would be and provides our best and first line of defense be funded in the base bill, the one we happy to yield again if I have any more for America. I urge my colleagues to support are voting on today. time if he wants to respond to what I H.R. 4548. Mr. Chairman, the Intelligence Au- have to say, I appreciate that com- Mr. GOSS. Mr. Chairman, I yield 1 thorization bill represents the culmina- ment, but mine is a bit different. I un- minute to the distinguished gentleman tion of many months of work by our derstand that we may not fully know from California (Mr. HUNTER), who is community to provide the intelligence what we need. That is why we have actually known as the chairman of the community with the resources it needs supplementals. But in this case we do House Committee on Armed Services, to safeguard our national security. It fully know what we need. We know and otherwise known as our colleague also presents an opportunity to lay what the agencies in the intelligence and friend. down important oversight markers so community need for counterterrorism Mr. HUNTER. Mr. Chairman, I thank that we can fulfill our constitutionally because they have told us, and the the gentleman for yielding me this mandated duty to provide oversight of amendments we wish had been in order time. the intelligence community. The Intel- had an unclassified piece, which basi- And let me just say that when we put ligence Committees were created for cally says we should fully fund the defense bill together, put together precisely this reason, and if we simply counterterrorism, and a classified with bipartisan support, passed the become a rubber stamp for the admin- piece, where we carefully allocated committee unanimously, we bolted on istration, then we might as well cease across the intelligence community all $25 billion in supplemental for this to exist. the money these agencies have told us next year. 2.2 billion of that, after con- At the outset, let me commend our they need. They told us it is hard to sultation with the gentleman from diligent staff on both sides of the aisle plan for their year without knowing for Florida (Chairman GOSS), we put into for their hard work and late nights, sure that they will get money.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.125 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4833 And the last point I want to make to money without appropriated money be- bill is inadequate, voted against emergency the gentleman, and I do appreciate hind it is monopoly money, as we all supplemental intelligence funding last year. what he is saying, is that I do not know, and that was part of the prob- For members of the Democratic Party to think we will pass another supple- lem. come to the House floor and say that they mental until sometime after the first Now let me go to the gentleman from could do it better than PORTER GOSS is simply quarter of next year. We will be gear- Missouri’s (Mr. SKELTON) point, which I not believable. ing up in a new Congress, and if we pass think was a very poignant point and I Mr. Chairman, our intelligence community the supplemental in next March or have huge regard for the gentleman deserves better than partisan political stunts. April, as I pointed out in my earlier re- from Missouri (Mr. SKELTON), as we all Without intelligence, we cannot win the war marks, we may have a gap in funding do: What happened this year? And the on terror. counterterrorism just at the time when answer is that normally we do work Intelligence funding helped bring to justice we have the presidential inauguration out all of our differences before we Saddam Hussein and his evil sons, Qusay and the Super Bowl, and those are huge bring our bill out. We get them done in and Uday. And it has assisted in the death of events were maximum counterterror- committee. This year we are on a or capture of 42 of the 55 most wanted crimi- ism efforts are needed. schedule. I thought we had all our dif- nals of the Saddam regime and of more than Mr. HUNTER. Mr. Chairman, will the ferences worked out. I honestly did not 2,700 Al-Qa’ida leaders and foot soldiers gentlewoman yield? know we were going to have some of around the globe. Perhaps most important, in the United Ms. HARMAN. I yield to the gen- these amendments that she came up States, nearly 200 suspected terrorist associ- tleman from California. with until a couple of hours before the ates have been charged with crimes with the Mr. HUNTER. Mr. Chairman, let me meeting. I asked that they try to be just say to the gentlewoman that I too help of quality intelligence information. worked out. Apparently they were. We are doing the right thing with this au- have looked at requirements. And intel Normally we need more than 2 or 3 thorization. Vote to make America safer. Vote requirements in those two war-fighting hours to work out something as impor- for this Intelligence Authorization. theatres, Afghanistan and Iraq, are as tant as a budget. So I do not think Ms. JACKSON-LEE of Texas. Mr. Chair- difficult for the intel experts to project there is any bad intention. What I man, I rise in opposition to several aspects of as it is for our defense experts, our peo- think is that there is more work to be the legislation that we consider, H.R. 4548, ple who are leading uniformed troops, done, and there will be an opportunity the Intelligence Authorization Act for FY 2005. and there is plenty of money to carry between now and the conference. It is ridiculous that of eight quality amend- this bridge. This is a bridge fund, and I I urge support for this bill because I ments offered at the Rules * * *. might say 60 out of 60 people, Repub- think it is a great place to go forward. The most important of the eight amend- licans and Democrats, agreed this was Mr. HASTERT. Mr. Chairman, I rise today in ments offered but not made in order, the Pe- a good number, and this had the $2.2 support of this important Intelligence Author- terson-Cramer-Boswell amendment, would billion intel piece embedded in it when ization, and I urge my colleagues to support it. have fully funded the counterterrorism activi- we passed it. So I can just tell the gen- First of all, I want to congratulate PORTER ties of the intelligence community at the tlewoman there is not going to be a GOSS not only for his work on this legislation, amount that the intelligence agencies have gap. but also for his distinguished career as a serv- suggested be requested. All nine Democrats The CHAIRMAN. The gentlewoman’s ant for the people. who serve on the Permanent Select Com- time has expired. Everyday, PORTER GOSS has come to work mittee on Intelligence voted unanimously to Mr. GOSS. Mr. Chairman, I yield my- with one thought in mind: How do I make this support this amendment at its markup. self such time as I may consume. country a better and safer place? Mr. Chairman, without this important amend- First of all, I want to assure the gen- PORTER, we are going to miss you when ment, our intelligence capabilities will be tlewoman that I associate myself with you leave this House. handicapped. The outlays called for in the Pe- stronger intelligence. Her poster, I I had hoped that the Minority would give you terson-Cramer-Boswell amendment would think, is excellent, and I am delighted the respect you deserve and work with you on have provided for additional oversight over in- that we all agree on that. this bill. telligence, which is critical, especially in light Second of all, I want to tell the gen- Instead, they want to play politics. of the state of confusion that we see in this tlewoman that I totally agree that the I have to hand it to the Minority. They have Administration’s intelligence program. form is not pretty. I do not like taken the strategy that the best defense is a Like President Bush’s request in his FY supplementals either. We work with good offense to its extreme. 2005 Budget, H.R. 4548 proposes to fund only what we have to work with. But the They have no defense when it comes to a small fraction of the intelligence agencies’ substance, I think, came out as well as their pathetic record on intelligence funding. counterterrorism requirements. Only 20 per- it could. And I want to thank the dis- So they try to cloud the issue by saying that cent of the funding requirements for the CIA tinguished chairman of the Committee we are not spending enough on intelligence. Counterterrorism Center were called for in the on Armed Services for reaching out to What makes this strategy laughable is the Bush Budget. The fact that the administration help us with the bridge. fact that just yesterday, House Democrats then requested a supplemental allocation for In a more direct answer to the gen- voted overwhelmingly for intelligence funding the first quarter of FY 2005 evidences the dire tlewoman’s question a while ago about in the Defense Appropriations bill. need for these monies. what requests were, and I am going to Yesterday, the funding was just right. The intelligence community should not have be very candid, these were the requests Today, they are simply shocked, shocked, that to rely on supplemental funding to carry out its we were working with. And they are we don’t spend enough. core functions! In the wake of 9/11 and new not for the whole year, but they are the Why the sudden change of heart? Politics, episodes of terrorism violence almost daily, it requests to deal with the war on terror. of course. Pure politics. is not comforting to know that our intelligence And we actually come up with 32 per- Throughout the 1990’s, leading Democrats community is operating on supplemental cent more than what the CIA re- offered amendment after amendment to slash ‘‘crutches.’’ While this nation sits in a vulner- quested, 100 percent of what DIA re- Intelligence funding. They offered amendment able state, the Administration puts us on ‘‘ice’’ quested, 39 percent more than what after amendment in an effort to hamstring the until November elections. Very scary. NSA requested, 88 percent more than C.I.A. And the Clinton White House not only The CIA Counterterrorism Center has had to NRO, and 19 percent more than NGA. ignored the Intelligence Community, they dis- wait for supplemental funding for 80 percent of So we are way ahead in bridging. But dained it. Bill Clinton himself rarely allowed the its requirements! Reports from the Houston obviously, her point is we have not CIA Director into the Oval Office. FBI’s Field Intelligence Group (FIG), there gone for a whole year, and we all un- Let’s not kid ourselves. The left wing of the have been several reports that one of Hous- derstand that. The question is will Democratic Party has a long tradition of hos- ton’s major sources of vulnerability, either the there be a short-change? And my an- tility to the C.I.A. They have never been com- airports, the Port of Houston, or the nuclear swer is no. And the problem I have fortable with the world of intelligence gath- South Texas Project will be hit by al-Qaeda with her solution that she had pro- ering. ‘‘sleeper cells.’’ We need the most effective posed, somewhat belatedly, if I may Even after 9–11, many in the Minority have counterterrorism resources available to pre- say that, and I will come to that point sought to decimate intelligence funding. These vent such an occurrence. Waiting for supple- if I have time, is that authorized same Members who today claim the pending mental funding will not keep our families safe,

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.128 H23PT1 H4834 CONGRESSIONAL RECORD — HOUSE June 23, 2004 especially with upcoming events that would at- ligence to Iran. We have read reports of secret Subtitle B—Improvement in Intelligence tract a potential terrorist such as the Demo- pseudo-agencies set up in the Pentagon and Community Foreign Language Skills cratic and Republican National Conventions, elsewhere whose role appears to have been Sec. 611. Assistant Director of Central Intel- the November elections, and Independence to politicize intelligence in order to force pre- ligence for Language and Edu- Day celebrations. determined conclusions. This does not serve cation. Mr. Chairman, it is important that, should Sec. 612. Requirement for foreign language pro- the American people well. These are all by ficiency for advancement to cer- this legislation pass, the conferees address any measure grave failures, costing us incal- tain senior level positions in the the fact that less than one-third of what the in- culably in human lives and dollars. Yet from intelligence community. telligence agencies have suggested is pro- what little we can know about this bill, the so- Sec. 613. Advancement of foreign languages vided in the proposal. Therefore, I would fully lution is to fund more of the same. I would critical to the intelligence commu- support a motion to recommit for purpose of hope that we might begin coming up with new nity. incorporating the critical addition of outlays to approaches to our intelligence needs. Sec. 614. Pilot project for Civilian Linguist Re- counterterrorism that are needed to secure our I encourage my colleagues to reject this bill serve Corps. homeland. Sec. 615. Codification of establishment of the and instead begin looking for new ways to National Virtual Translation Cen- Mr. Chairman, I urge my colleagues to sup- strengthen the legitimate functions of our intel- ter. port a motion to recommit. ligence community so as to better protect the Sec. 616. Report on recruitment and retention of Mr. PAUL. Mr. Chairman, I rise in opposition borders and citizens of the United States. qualified instructors of the De- to this legislation. Though I certainly recognize Mr. GOSS. Mr. Chairman, I yield fense Language Institute. the legitimate national security role of our in- back the balance of my time. TITLE I—INTELLIGENCE ACTIVITIES telligence community, I have concerns about The CHAIRMAN. All time for general SEC. 101. AUTHORIZATION OF APPROPRIATIONS. this authorization and the questionable role debate has expired. Funds are hereby authorized to be appro- played by components of the intelligence com- Pursuant to the rule, the amendment priated for fiscal year 2005 for the conduct of munity. in the nature of a substitute printed in the intelligence and intelligence-related activi- Specifically, I am concerned about our his- the bill shall be considered as an origi- ties of the following elements of the United tory of secret regime changes carried out by nal bill for the purpose of amendment States Government: our intelligence apparatus. More often than and shall be considered read. (1) The Central Intelligence Agency. not, we see many of the problems we face The text of the committee amend- (2) The Department of Defense. today were created as a result of this unwise ment in the nature of a substitute is as (3) The Defense Intelligence Agency. (4) The National Security Agency. practice of forcibly changing regimes in secret. follows: (5) The Department of the Army, the Depart- The stories of such activities are numerous. H.R. 4548 ment of the Navy, and the Department of the In 1953 the CIA overthrew Mohammad Be it enacted by the Senate and House of Rep- Air Force. Mossadegh in Iran, installing the Shah as dic- resentatives of the United States of America in (6) The Department of State. tator. This led to increasing anti-Americanism, Congress assembled, (7) The Department of the Treasury. the overthrow of the Shah in 1979, the kidnap- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (8) The Department of Energy. ping of Americans, the establishment of a (a) SHORT TITLE.—This Act may be cited as (9) The Department of Justice. hardline Islamic regime hostile to the United the ‘‘Intelligence Authorization Act for Fiscal (10) The Federal Bureau of Investigation. (11) The National Reconnaissance Office. States. In the 1980s the United States pro- Year 2005’’. (b) TABLE OF CONTENTS.—The table of con- (12) The National Geospatial-Intelligence vided covert support to Saddam Hussein’s tents for this Act is as follows: Agency. Iraq in its war with Iran. Ten years later the Sec. 1. Short title; table of contents. (13) The Coast Guard. United States went to war against Saddam TITLE I—INTELLIGENCE ACTIVITIES (14) The Department of Homeland Security. Hussein and then 11 years after that the Sec. 101. Authorization of appropriations. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- United States went to war again against Sec. 102. Classified schedule of authorizations. TIONS. Saddam’s Iraq. In the 1980s the United States Sec. 103. Personnel ceiling adjustments. (a) SPECIFICATIONS OF AMOUNTS AND PER- provided weapons and training to the Taliban Sec. 104. Intelligence Community Management SONNEL CEILINGS.—The amounts authorized to and what later became al-Qaeda in Afghani- Account. be appropriated under section 101, and the au- TITLE II—CENTRAL INTELLIGENCE AGEN- thorized personnel ceilings as of September 30, stan as they sought to overthrow the com- 2005, for the conduct of the intelligence and in- munist government in power. Some 20 years CY RETIREMENT AND DISABILITY SYS- TEM telligence-related activities of the elements listed later, that same Taliban and Osama bin Laden in such section, are those specified in the classi- struck out against the United States. The Sec. 201. Authorization of appropriations. fied Schedule of Authorizations prepared to ac- United States then went to war against that TITLE III—GENERAL PROVISIONS company the bill H.R. 4548 of the One Hundred Taliban government. Sec. 301. Increase in employee compensation Eighth Congress. I am also concerned about the efficacy of and benefits authorized by law. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF our intelligence community. The intelligence Sec. 302. Restriction on conduct of intelligence AUTHORIZATIONS.—The Schedule of Authoriza- budget seems to grow every year, but seldom activities. tions shall be made available to the Committees Sec. 303. Assistant Director of Central Intel- on Appropriations of the Senate and House of do my colleagues ask what exactly we are ligence for Information Manage- Representatives and to the President. The Presi- getting for our constituents’ money. It may be ment. dent shall provide for suitable distribution of unfair that we only hear about the intelligence TITLE IV—CENTRAL INTELLIGENCE the Schedule, or of appropriate portions of the community’s failures and shortcomings, but we AGENCY Schedule, within the executive branch. cannot help but be concerned over so many Sec. 401. Permanent extension of Central Intel- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. such failures in recent years. Despite the tens ligence Agency voluntary separa- (a) AUTHORITY FOR ADJUSTMENTS.—With the of billions we spend on these myriad intel- tion incentive program. approval of the Director of the Office of Man- ligence agencies, it is impossible to ignore the TITLE V—DEPARTMENT OF DEFENSE agement and Budget, the Director of Central In- failure of the intelligence community to detect INTELLIGENCE ACTIVITIES telligence may authorize employment of civilian and prevent the September 11, 2001 attacks. personnel in excess of the number authorized for Sec. 501. National Security Agency Emerging fiscal year 2005 under section 102 when the Di- Additionally, as we now see so clearly, our Technologies Panel. rector of Central Intelligence determines that intelligence community failed completely to ac- TITLE VI—EDUCATION such action is necessary to the performance of curately assess the nature of the Iraqi threat. Subtitle A—National Security Education important intelligence functions. We were told of weapons of mass destruction Program (b) NOTICE TO INTELLIGENCE COMMITTEES.— capable of reaching the United States. This Sec. 601. Provision for annual funding. The Director of Central Intelligence shall notify proved to be false. We were told of Iraq’s rela- Sec. 602. Modification of obligated service re- promptly the Permanent Select Committee on In- tionship with al-Qaeda. This proved to be quirements under the National Se- telligence of the House of Representatives and false. The intelligence community relied heav- curity Education Program. the Select Committee on Intelligence of the Sen- Sec. 603. Improvements to the National Flag- ate whenever the Director exercises the author- ily—perhaps almost exclusively—on Iraqi exile ity granted by this section. and convicted criminal Ahmad Chalabi to pro- ship Language Initiative. Sec. 604. Establishment of scholarship program SEC. 104. INTELLIGENCE COMMUNITY MANAGE- vide intelligence on Iraq and most of it turned for English language studies for MENT ACCOUNT. out to be incorrect, perhaps intentionally mis- heritage community citizens of the (a) AUTHORIZATION OF APPROPRIATIONS.— leading. Now we are told that Chalabi and his United States within the National There is authorized to be appropriated for the organization may have passed sensitive intel- Security Education Program. Intelligence Community Management Account

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JN7.036 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4835 of the Director of Central Intelligence for fiscal TITLE III—GENERAL PROVISIONS (1) by striking subsection (f); and year 2005 the sum of $318,395,000. Within such SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (2) by redesignating subsections (g) and (h) as amount, funds identified in the classified Sched- TION AND BENEFITS AUTHORIZED subsections (f) and (g), respectively. ule of Authorizations referred to in section BY LAW. (b) TERMINATION OF FUNDS REMITTANCE RE- 102(a) for advanced research and development Appropriations authorized by this Act for sal- QUIREMENT.—(1) Section 2 of such Act (50 U.S.C. shall remain available until September 30, 2006. ary, pay, retirement, and other benefits for Fed- 403–4 note) is further amended by striking sub- eral employees may be increased by such addi- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- section (i). ments within the Intelligence Community Man- tional or supplemental amounts as may be nec- (2) Section 4(a)(2)(B)(ii) of the Federal Work- agement Account of the Director of Central In- essary for increases in such compensation or force Restructuring Act of 1994 (5 U.S.C. 8331 benefits authorized by law. telligence are authorized 310 full-time personnel note) is amended by striking ‘‘, or section 2 of as of September 30, 2005. Personnel serving in SEC. 302. RESTRICTION ON CONDUCT OF INTEL- the Central Intelligence Agency Voluntary Sep- LIGENCE ACTIVITIES. such elements may be permanent employees of aration Pay Act (Public Law 103–36; 107 Stat. The authorization of appropriations by this the Intelligence Community Management Ac- 104)’’. Act shall not be deemed to constitute authority count or personnel detailed from other elements TITLE V—DEPARTMENT OF DEFENSE for the conduct of any intelligence activity of the United States Government. INTELLIGENCE ACTIVITIES which is not otherwise authorized by the Con- (c) CLASSIFIED AUTHORIZATIONS.— stitution or the laws of the United States. SEC. 501. NATIONAL SECURITY AGENCY EMERG- ING TECHNOLOGIES PANEL. (1) AUTHORIZATION OF APPROPRIATIONS.—In SEC. 303. ASSISTANT DIRECTOR OF CENTRAL IN- addition to amounts authorized to be appro- TELLIGENCE FOR INFORMATION The National Security Agency Act of 1959 (50 priated for the Intelligence Community Manage- MANAGEMENT. U.S.C. 402 note) is amended by adding at the ment Account by subsection (a), there are also (a) ESTABLISHMENT OF POSITION WITHIN THE end the following new section: authorized to be appropriated for the Intel- OFFICE OF THE DIRECTOR OF CENTRAL INTEL- ‘‘SEC. 19. (a) There is established the National ligence Community Management Account for LIGENCE.—Subsection (e)(2) of section 102 of the Security Agency Emerging Technologies Panel. fiscal year 2005 such additional amounts as are National Security Act of 1947 (50 U.S.C. 403) is The panel is a standing panel of the National specified in the classified Schedule of Author- amended— Security Agency. The panel shall be appointed izations referred to in section 102(a). Such addi- (1) by striking subparagraph (G); and by, and shall report directly to, the Director. (2) by inserting after subparagraph (F) the tional amounts for research and development ‘‘(b) The National Security Agency Emerging following new subparagraph (G): shall remain available until September 30, 2006. Technologies Panel shall study and assess, and ‘‘(G) The Assistant Director of Central Intel- periodically advise the Director on, the re- (2) AUTHORIZATION OF PERSONNEL.—In addi- ligence for Information Management.’’. search, development, and application of existing tion to the personnel authorized by subsection (b) DUTIES.—Section 102 of such Act (50 and emerging science and technology advances, (b) for elements of the Intelligence Community U.S.C. 403) is amended— advances on encryption, and other topics. Management Account as of September 30, 2005, (1) by striking subsection (h); and ‘‘(c) The Federal Advisory Committee Act (5 (2) by inserting after subsection (g) the fol- there are also authorized such additional per- U.S.C. App.) shall not apply with respect to the sonnel for such elements as of that date as are lowing new subsection (h): ‘‘(h) ASSISTANT DIRECTOR OF CENTRAL INTEL- National Security Agency Emerging Tech- specified in the classified Schedule of Author- nologies Panel.’’. izations. LIGENCE FOR INFORMATION MANAGEMENT.—(1) To assist the Director of Central Intelligence in TITLE VI—EDUCATION (d) REIMBURSEMENT.—Except as provided in carrying out the Director’s responsibilities under section 113 of the National Security Act of 1947 Subtitle A—National Security Education this Act, there shall be an Assistant Director of (50 U.S.C. 404h), during fiscal year 2005 any of- Program Central Intelligence for Information Manage- ficer or employee of the United States or a mem- SEC. 601. PROVISION FOR ANNUAL FUNDING. ment who shall be appointed by the President, ber of the Armed Forces who is detailed to the (a) IN GENERAL.—Title VIII of the Intelligence by and with the advice and consent of the Sen- staff of the Intelligence Community Manage- Authorization Act for Fiscal Year 1992 (Public ate. The Assistant Director of Central Intel- ment Account from another element of the Law 102–183; 105 Stat. 1271), as amended by sec- ligence for Information Management is the chief United States Government shall be detailed on a tion 311(c) of the Intelligence Authorization Act information officer of the intelligence commu- reimbursable basis, except that any such officer, for Fiscal Year 1994 (Public Law 103–178; 107 nity. employee, or member may be detailed on a non- ‘‘(2) Subject to the direction of the Director of Stat. 2037), is amended by adding at the end of reimbursable basis for a period of less than one Central Intelligence, the Assistant Director of section 810 the following new subsection: year for the performance of temporary functions Central Intelligence for Information Manage- ‘‘(c) FUNDING FROM INTELLIGENCE COMMU- as required by the Director of Central Intel- ment shall— NITY MANAGEMENT ACCOUNT FOR FISCAL YEARS ligence. ‘‘(A) manage activities relating to the infor- BEGINNING WITH FISCAL YEAR 2005.—In addi- (e) NATIONAL DRUG INTELLIGENCE CENTER.— mation technology infrastructure and enterprise tion to amounts that may be made available to architecture requirements of the intelligence the Secretary under the Fund for a fiscal year, (1) IN GENERAL.—Of the amount authorized to the Director of Central Intelligence shall trans- be appropriated in subsection (a), $29,811,000 community; ‘‘(B) have procurement approval authority fer to the Secretary from amounts appropriated shall be available for the National Drug Intel- for the Intelligence Community Management ligence Center. Within such amount, funds pro- over all information technology items related to the enterprise architectures of all intelligence Account for each fiscal year, beginning with fis- vided for research, development, testing, and cal year 2005, $8,000,000, to carry out the schol- evaluation purposes shall remain available until community components; ‘‘(C) direct and manage all information tech- arship, fellowship, and grant programs under September 30, 2006, and funds provided for pro- nology-related procurement for the intelligence subparagraphs (A), (B), and (C), respectively, of curement purposes shall remain available until community; and section 802(a)(1).’’. September 30, 2007. ‘‘(D) ensure that all expenditures for informa- (b) CONFORMING AMENDMENT.—Section (2) TRANSFER OF FUNDS.—The Director of Cen- tion technology and research and development 802(a)(2) of such Act (50 U.S.C. 1902(a)(2)) is tral Intelligence shall transfer to the Attorney activities are consistent with the intelligence amended in the matter preceding subparagraph General funds available for the National Drug community enterprise architecture and the (A) by inserting ‘‘or from a transfer under sec- Intelligence Center under paragraph (1). The strategy of the Director of Central Intelligence tion 810(c)’’ after ‘‘National Security Education Attorney General shall utilize funds so trans- for such architecture. Trust Fund’’. ferred for the activities of the National Drug In- ‘‘(3) An individual serving in the position of SEC. 602. MODIFICATION OF OBLIGATED SERVICE telligence Center. Assistant Director of Central Intelligence for In- REQUIREMENTS UNDER THE NA- (3) LIMITATION.—Amounts available for the formation Management may not, while so serv- TIONAL SECURITY EDUCATION PRO- National Drug Intelligence Center may not be ing, serve as the chief information officer of any GRAM. used in contravention of the provisions of sec- other agency or department, or component (a) IN GENERAL.—Subsection (b)(2) of section tion 103(d)(1) of the National Security Act of thereof, of the United States.’’. 802 of title VIII of the Intelligence Authoriza- 1947 (50 U.S.C. 403–3(d)(1)). (c) REFERENCES.—Any reference to the Assist- tion Act for Fiscal Year 1992 (Public Law 102– ant Director of Central Intelligence for Adminis- 183; 105 Stat. 1273), as amended by section 925(a) (4) AUTHORITY.—Notwithstanding any other tration in any law, regulation, document, of the National Defense Authorization Act for provision of law, the Attorney General shall re- paper, or other record of the United States shall Fiscal Year 2004 (Public Law 108–136; 117 Stat. tain full authority over the operations of the be deemed to be a reference to the Assistant Di- 1578), is amended by striking subparagraphs (A) National Drug Intelligence Center. rector of Central Intelligence for Information and (B), and inserting the following: TITLE II—CENTRAL INTELLIGENCE AGEN- Management. ‘‘(A) in the case of a recipient of a scholar- CY RETIREMENT AND DISABILITY SYS- TITLE IV—CENTRAL INTELLIGENCE ship, as soon as practicable but in no case later TEM AGENCY than three years after the completion by the recipient of the study for which scholarship as- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY sistance was provided under the program, the There is authorized to be appropriated for the SEPARATION INCENTIVE PROGRAM. recipient shall work for a period of one year— Central Intelligence Agency Retirement and Dis- (a) EXTENSION OF PROGRAM.—Section 2 of the ‘‘(i) in a national security position that the ability Fund for fiscal year 2005 the sum of Central Intelligence Agency Voluntary Separa- Secretary certifies is appropriate to use the $239,400,000. tion Pay Act (50 U.S.C. 403–4 note) is amended— unique language and region expertise acquired

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by the recipient pursuant to such study in the (b) REQUIREMENT FOR EMPLOYMENT AGREE- ZENS OF THE UNITED STATES.—(1) Subsection Department of Defense, in any element of the MENTS.—(1) Section 802(i) of the David L. Boren (a)(1) of section 802 of the David L. Boren Na- intelligence community, in the Department of National Security Education Act of 1991 (50 tional Security Education Act of 1991 (50 U.S.C. Homeland Security, or in the Department of U.S.C. 1902(i)) is amended by adding at the end 1902) is amended— State; or the following new paragraph: (A) by striking ‘‘and’’ at the end of subpara- ‘‘(ii) in such a position in any other Federal ‘‘(5)(A) In the case of an undergraduate or graph (C); department or agency not referred to in clause graduate student that participates in training in (B) by striking the period at the end of sub- (i) if the recipient demonstrates to the Secretary programs under paragraph (1), the student shall paragraph (D) and inserting ‘‘; and’’; and that no position is available in a Federal de- enter into an agreement described in subsection (C) by adding at the end the following new partment or agency specified in clause (i); or (b), other than such a student who has entered subparagraph: ‘‘(B) in the case of a recipient of a fellowship, into such an agreement pursuant to subpara- ‘‘(E) awarding scholarships to students who— as soon as practicable but in no case later than graph (A)(ii) or (B)(ii) of section 802(a)(1). ‘‘(i) are United States citizens who— two years after the completion by the recipient ‘‘(B) In the case of an employee of an agency ‘‘(I) are native speakers (commonly referred to of the study for which fellowship assistance was or department of the Federal Government that as heritage community residents) of a foreign provided under the program, the recipient shall participates in training in programs under para- language that is identified as critical to the na- work for a period equal to the duration of as- graph (1), the employee shall agree in writing— tional security interests of the United States sistance provided under the program, but in no ‘‘(i) to continue in the service of the agency or who should be actively recruited for employment case less than one year— department of the Federal Government employ- by Federal security agencies with a need for lin- ‘‘(i) in a position described in subparagraph ing the employee for the period of such training; guists; and (A)(i) that the Secretary certifies is appropriate ‘‘(ii) to continue in the service of such agency ‘‘(II) are not proficient at a professional level to use the unique language and region expertise or department employing the employee following in the English language with respect to reading, acquired by the recipient pursuant to such completion of such training for a period of two writing, and interpersonal skills required to study; or years for each year, or part of the year, of such carry out the national security interests of the ‘‘(ii) in such a position in any other Federal training; United States, as determined by the Secretary, department or agency not referred to in clause ‘‘(iii) to reimburse the United States for the (i) if the recipient demonstrates to the Secretary total cost of such training (excluding the em- to enable such students to pursue English lan- that no position is available in a Federal de- ployee’s pay and allowances) provided to the guage studies at an institution of higher edu- partment or agency specified in clause (i); and’’. employee if, before the completion by the em- cation of the United States to attain proficiency (b) REGULATIONS.—The Secretary of Defense ployee of the training, the employment of the in those skills; and shall prescribe regulations to carry out the employee by the agency or department is termi- ‘‘(ii) enter into an agreement to work in a na- amendment made by subsection (a). In pre- nated due to misconduct by the employee or by tional security position or work in the field of scribing such regulations, the Secretary shall es- the employee voluntarily; and education in the area of study for which the tablish standards that recipients of scholarship ‘‘(iv) to reimburse the United States if, after scholarship was awarded in a similar manner and fellowship assistance under the program completing such training, the employment of the (as determined by the Secretary) as agreements under such section 802 are required to dem- employee by the agency or department is termi- entered into pursuant to subsection (b)(2)(A).’’. onstrate to satisfy the requirement of a good nated either by the agency or department due to (2) The matter following subsection (a)(2) of faith effort to gain employment as required misconduct by the employee or by the employee such section is amended— under subparagraphs (A) and (B) of subsection voluntarily, before the completion by the em- (A) in the first sentence, by inserting ‘‘or for (b)(2) of such section. ployee of the period of service required in clause the scholarship program under paragraph (c) APPLICABILITY.—(1) The amendment made (ii), in an amount that bears the same ratio to (1)(E)’’ after ‘‘under paragraph (1)(D) for the by subsection (a) shall apply with respect to the total cost of the training (excluding the em- National Flagship Language Initiative described service agreements entered into under the David ployee’s pay and allowances) provided to the in subsection (i)’’; and L. Boren National Security Education Act of employee as the unserved portion of such period (B) by adding at the end the following: ‘‘For 1991 on or after the date of the enactment of this of service bears to the total period of service the authorization of appropriations for the Act. under clause (ii). scholarship program under paragraph (1)(E), (2) The amendment made by subsection (a) ‘‘(C) Subject to subparagraph (D), the obliga- see section 812.’’. shall not affect the force, validity, or terms of tion to reimburse the United States under an (3) Section 803(d)(4)(E) of such Act (50 U.S.C. any service agreement entered into under the agreement under subparagraph (A) is for all 1903(d)(4)(E)) is amended by inserting before the David L. Boren National Security Education purposes a debt owing the United States. period the following: ‘‘and section 802(a)(1)(E) Act of 1991 before the date of the enactment of ‘‘(D) The head of an element of the intel- (relating to scholarship programs for advanced this Act that is in force as of that date. ligence community may release an employee, in English language studies by heritage community SEC. 603. IMPROVEMENTS TO THE NATIONAL whole or in part, from the obligation to reim- residents)’’. FLAGSHIP LANGUAGE INITIATIVE. burse the United States under an agreement (b) FUNDING.—The David L. Boren National (a) INCREASE IN ANNUAL FUNDING.—Title VIII under subparagraph (A) when, in the discretion Security Education Act of 1991 (50 U.S.C. 1901 et of the Intelligence Authorization Act for Fiscal of the head of the element, the head of the ele- seq.) is amended by adding at the end the fol- Year 1992 (Public Law 102–183; 105 Stat. 1271), ment determines that equity or the interests of lowing new section: as amended by section 311(c) of the Intelligence the United States so require.’’. ‘‘SEC. 812. FUNDING FOR SCHOLARSHIP PRO- Authorization Act for Fiscal Year 1994 (Public (2) The amendment made by paragraph (1) GRAM FOR CERTAIN HERITAGE COM- Law 103–178; 107 Stat. 2037) and by section shall apply to training that begins on or after MUNITY RESIDENTS. 333(b) of the Intelligence Authorization Act for the date that is 90 days after the date of the en- ‘‘(a) FUNDING FROM INTELLIGENCE COMMU- Fiscal Year 2003 (Public Law 107–306; 116 Stat. actment of this Act. NITY MANAGEMENT ACCOUNT.—In addition to 2397), is amended by striking section 811 and in- (c) INCREASE IN THE NUMBER OF PARTICI- amounts that may be made available to the Sec- serting the following new section 811: PATING EDUCATIONAL INSTITUTIONS.—The Sec- retary under the Fund for a fiscal year, the Di- ‘‘SEC. 811. FUNDING FOR THE NATIONAL FLAG- retary of Defense shall take such steps as the rector of Central Intelligence shall transfer to SHIP LANGUAGE INITIATIVE. Secretary determines will increase the number of the Secretary from amounts appropriated for the ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR qualified educational institutions that receive Intelligence Community Management Account FISCAL YEARS 2003 and 2004.—In addition to grants under the National Flagship Language for each fiscal year, beginning with fiscal year amounts that may be made available to the Sec- Initiative to establish, operate, or improve ac- 2005, $4,000,000, to carry out the scholarship retary under the Fund for a fiscal year, there is tivities designed to train students in programs in programs for English language studies by cer- authorized to be appropriated to the Secretary a range of disciplines to achieve advanced levels tain heritage community residents under section for each fiscal year, beginning with fiscal year of proficiency in those foreign languages that 802(a)(1)(E). 2003, $10,000,000, to carry out the grant program the Secretary identifies as being the most critical ‘‘(b) AVAILABILITY OF FUNDS.—Amounts made for the National Flagship Language Initiative in the interests of the national security of the available under subsection (a) shall remain under section 802(a)(1)(D). United States. available until expended.’’. ‘‘(b) FUNDING FROM INTELLIGENCE COMMU- (d) CLARIFICATION OF AUTHORITY TO SUPPORT NITY MANAGEMENT ACCOUNT FOR FISCAL YEARS Subtitle B—Improvement in Intelligence STUDIES ABROAD.—Educational institutions BEGINNING WITH FISCAL YEAR 2005.—In addi- Community Foreign Language Skills that receive grants under the National Flagship tion to amounts that may be made available to Language Initiative may support students who SEC. 611. ASSISTANT DIRECTOR OF CENTRAL IN- the Secretary under the Fund for a fiscal year, TELLIGENCE FOR LANGUAGE AND pursue total immersion foreign language studies the Director of Central Intelligence shall trans- EDUCATION. overseas of foreign languages that are critical to fer to the Secretary from amounts appropriated (a) IN GENERAL.—Section 102 of the National the national security of the United States. for the Intelligence Community Management Security Act of 1947 (50 U.S.C. 403) is amended— Account for each fiscal year, beginning with fis- SEC. 604. ESTABLISHMENT OF SCHOLARSHIP (1) by adding at the end the following new PROGRAM FOR ENGLISH LANGUAGE cal year 2005, $12,000,000, to carry out the grant STUDIES FOR HERITAGE COMMU- subsection: program for the National Flagship Language NITY CITIZENS OF THE UNITED ‘‘(i) ASSISTANT DIRECTOR OF CENTRAL INTEL- Initiative under section 802(a)(1)(D). STATES WITHIN THE NATIONAL SE- LIGENCE FOR LANGUAGE AND EDUCATION.—(1) To ‘‘(c) AVAILABILITY OF APPROPRIATED CURITY EDUCATION PROGRAM. assist the Director of Central Intelligence in car- FUNDS.—Amounts made available under this (a) SCHOLARSHIP PROGRAM FOR ENGLISH LAN- rying out the Director’s responsibilities under section shall remain available until expended.’’. GUAGE STUDIES FOR HERITAGE COMMUNITY CITI- this Act, there shall be an Assistant Director of

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JN7.039 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4837 Central Intelligence for Language and Edu- Operations of the Central Intelligence Agency an educational partnership agreement entered cation who shall be appointed by the President, unless the Director of Central Intelligence deter- into with an educational institution pursuant to by and with the advice and consent of the Sen- mines that the individual— this section, the head of an element of an intel- ate. ‘‘(A) has been certified as having a profes- ligence community entity may provide the fol- ‘‘(2) The Assistant Director of Central Intel- sional speaking and reading proficiency in a lowing assistance to the educational institution: ligence for Language and Education shall carry foreign language, such proficiency being at least ‘‘(1) The loan of equipment and instructional out the following duties: level 3 on the Interagency Language Round- materials of the element of the intelligence com- ‘‘(A) Overseeing and coordinating require- table Language Skills Level or commensurate munity entity to the educational institution for ments for foreign language education and train- proficiency level on such other indicator of pro- any purpose and duration that the head deter- ing of the intelligence community. ficiency as the Director determines to be appro- mines to be appropriate. ‘‘(B) Establishing policy, standards, and pri- priate; and ‘‘(2) Notwithstanding any other provision of orities relating to such requirements. ‘‘(B) is able to effectively communicate the law relating to transfers of surplus property, the ‘‘(C) Identifying languages that are critical to priorities of the United States and exercise in- transfer to the educational institution of any the capability of the intelligence community to fluence in that foreign language. computer equipment, or other equipment, that carry out national security activities of the ‘‘(2) The Director shall carry out this sub- is— United States. section through the Assistant Director of Cen- ‘‘(A) commonly used by educational institu- ‘‘(D) Monitoring the allocation of resources tral Intelligence for Language and Education.’’. tions; for foreign language education and training in (b) CONFORMING AMENDMENT.—Subsection (i) ‘‘(B) surplus to the needs of the entity; and order to ensure the requirements of the intel- of section 102 of the National Security Act of ‘‘(C) determined by the head of the element to ligence community with respect to foreign lan- 1947 (50 U.S.C. 403), as added by section 611(a), be appropriate for support of such agreement. guage proficiency are met.’’; is amended in paragraph (2) by adding at the ‘‘(3) The provision of dedicated personnel to (2) in subsection (d)(2) by adding at the end end the following new subparagraph: the educational institution— the following: ‘‘(E) Making determinations under section ‘‘(A) to teach courses in foreign languages ‘‘(E) Through the Assistant Director of Cen- 104(i).’’. that are critical to the capability of the intel- tral Intelligence for Language and Education, (c) EFFECTIVE DATE.—The amendments made ligence community to carry out national secu- ensuring the foreign language education and by this section shall apply with respect to ap- rity activities of the United States; or training requirements of the intelligence commu- pointments made on or after the date that is one ‘‘(B) to assist in the development of such nity are met.’’; and year after the date of the enactment of this Act. courses and materials for the institution. (3) in subsection (e)(2)— (d) REPORT ON EXCEPTIONS.—The Director of ‘‘(4) The involvement of faculty and students (A) by redesignating subparagraph (H) as sub- Central Intelligence shall submit to Congress a of the educational institution in research paragraph (I); and report that identifies positions within the Senior projects of the element of the intelligence com- (B) by inserting after subparagraph (G) the Intelligence Service in the Directorate of Intel- munity entity. following new subparagraph (H): ligence or the Directorate of Operations of the ‘‘(5) Cooperation with the educational institu- ‘‘(H) The Assistant Director of Central Intel- Central Intelligence Agency that should be ex- tion in developing a program under which stu- ligence for Education and Language.’’. empt from the requirements of section 104(i) of dents receive academic credit at the educational (b) REPORTS.—Not later than 1 year after the the National Security Act of 1947, as added by institution for work on research projects of the date on which the Assistant Director of Central subsection (a), and that includes the rationale element of the intelligence community entity. Intelligence for Language and Education is first for the exemption of each such position identi- ‘‘(6) The provision of academic and career ad- appointed under section 102(i) of the National fied by the Director. vice and assistance to students of the edu- Security Act of 1947, as added by subsection (a), SEC. 613. ADVANCEMENT OF FOREIGN LAN- cational institution. the Assistant Director shall submit to Congress GUAGES CRITICAL TO THE INTEL- ‘‘(7) The provision of cash awards and other the following reports: LIGENCE COMMUNITY. items that the head of the element of the intel- (1) A report that identifies— (a) IN GENERAL.—Title X of the National Se- ligence community entity determines to be ap- (A) skills and processes involved in learning a curity Act of 1947 (50 U.S.C.) is amended— propriate. foreign language; and (1) by inserting before section 1001 (50 U.S.C. ‘‘VOLUNTARY SERVICES (B) characteristics and teaching techniques 441g) the following: ‘‘SEC. 1013. (a) AUTHORITY TO ACCEPT SERV- that are most effective in teaching foreign lan- ‘‘Subtitle A—Science and Technology’’; ICES.—Notwithstanding section 1342 of title 31, guages. and United States Code, and subject to subsection (2)(A) A report that identifies foreign lan- (2) by adding at the end the following new (b), the Foreign Languages Program under sec- guage heritage communities, particularly such subtitles: tion 1011 shall include authority for the head of communities that include speakers of languages ‘‘Subtitle B—Foreign Languages Program an element of an intelligence community entity that are critical to the national security of the to accept from any individual who is dedicated ‘‘PROGRAM ON ADVANCEMENT OF FOREIGN LAN- United States. personnel (as defined in section 1016(3)) vol- GUAGES CRITICAL TO THE INTELLIGENCE COM- (B) For purposes of subparagraph (A), the untary services in support of the activities au- MUNITY term ‘‘foreign language heritage community’’ thorized by this subtitle. means a community of residents or citizens of ‘‘SEC. 1011. (a) ESTABLISHMENT OF PRO- ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) In the United States— GRAM.—The Secretary of Defense and the Direc- accepting voluntary services from an individual (i) who are native speakers of, or who have tor of Central Intelligence may jointly establish under subsection (a), the head of the element fluency in, a foreign language; and a program to advance foreign languages skills in shall— (ii) who should be actively recruited for em- languages that are critical to the capability of ‘‘(A) supervise the individual to the same ex- ployment by Federal security agencies with a the intelligence community to carry out national tent as the head of the element would supervise need for linguists. security activities of the United States (herein- a compensated employee of that element pro- (3) A report on— after in this subtitle referred to as the ‘Foreign viding similar services; and (A) the estimated cost of establishing a pro- Languages Program’). ‘‘(B) ensure that the individual is licensed, gram under which the heads of elements of the ‘‘(b) IDENTIFICATION OF REQUISITE ACTIONS.— privileged, has appropriate educational or expe- intelligence community agree to repay employees In order to carry out the Foreign Languages riential credentials, or is otherwise qualified of the intelligence community for any student Program, the Secretary of Defense and the Di- under applicable law or regulations to provide loan taken out by that employee for the study of rector of Central Intelligence shall jointly deter- such services. foreign languages critical for the national secu- mine actions required to improve the education ‘‘(2) In accepting voluntary services from an rity of the United States; and of personnel in the intelligence community in individual under subsection (a), the head of an (B) the effectiveness of such a program in re- foreign languages that are critical to the capa- element of the intelligence community entity cruiting and retaining highly qualified per- bility of the intelligence community to carry out may not— sonnel in the intelligence community. national security activities of the United States ‘‘(A) place the individual in a policymaking to meet the long-term intelligence needs of the position, or other position performing inherently SEC. 612. REQUIREMENT FOR FOREIGN LAN- United States. GUAGE PROFICIENCY FOR ADVANCE- government functions; or MENT TO CERTAIN SENIOR LEVEL ‘‘EDUCATION PARTNERSHIPS ‘‘(B) except as provided in subsection (e), com- POSITIONS IN THE INTELLIGENCE ‘‘SEC. 1012. (a) IN GENERAL.—In carrying out pensate the individual for the provision of such COMMUNITY. the Foreign Languages Program, the head of an services. (a) IN GENERAL.—Section 104 of the National element of an intelligence community entity may ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN INDI- Security Act of 1947 (50 U.S.C. 403–4) is amended enter into one or more education partnership VIDUALS PROVIDING SERVICES.—The head of an by adding at the end the following new sub- agreements with educational institutions in the element of an intelligence community entity may section: United States in order to encourage and en- recruit and train individuals to provide vol- ‘‘(i) REQUIREMENT FOR FOREIGN LANGUAGE hance the study of foreign languages that are untary services accepted under subsection (a). PROFICIENCY FOR CERTAIN SENIOR LEVEL POSI- critical to the capability of the intelligence com- ‘‘(d) STATUS OF INDIVIDUALS PROVIDING SERV- TIONS IN THE CENTRAL INTELLIGENCE AGENCY.— munity to carry out national security activities ICES.—(1) Subject to paragraph (2), while pro- (1) An individual may not be appointed to a po- of the United States in educational institutions. viding voluntary services accepted under sub- sition in the Senior Intelligence Service in the ‘‘(b) ASSISTANCE PROVIDED UNDER EDU- section (a) or receiving training under sub- Directorate of Intelligence or the Directorate of CATIONAL PARTNERSHIP AGREEMENTS.—Under section (c), an individual shall be considered to

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JN7.039 H23PT1 H4838 CONGRESSIONAL RECORD — HOUSE June 23, 2004 be an employee of the Federal Government only ‘‘(2) The term ‘educational institution’ levels of proficiency in foreign languages who for purposes of the following provisions of law: means— would be available upon a call of the President ‘‘(A) Subchapter I of chapter 81 of title 5, ‘‘(A) a local educational agency (as that term to perform such service or duties with respect to United States Code (relating to compensation for is defined in section 9101(26) of the Elementary such foreign languages in the Federal Govern- work-related injuries). and Secondary Education Act of 1965 (20 U.S.C. ment as the President may specify. ‘‘(B) Section 552a of title 5, United States 7801(26))), (b) CONDUCT OF PROJECT.—Taking into ac- Code (relating to maintenance of records on in- ‘‘(B) an institution of higher education (as de- count the findings and recommendations con- dividuals). fined in section 102 of the Higher Education Act tained in the report required under section 325 ‘‘(C) Chapter 11 of title 18, United States Code of 1965 (20 U.S.C. 1002) other than institutions of the Intelligence Authorization Act for Fiscal (relating to conflicts of interest). referred to in subsection (a)(1)(C) of such sec- Year 2003 (Public Law 107–306; 116 Stat. 2393), ‘‘(2)(A) With respect to voluntary services action), or in conducting the pilot project under subsection cepted under paragraph (1) provided by an indi- ‘‘(C) any other nonprofit institution that pro- (a) the Director of Central Intelligence shall— vidual that are within the scope of the services vides instruction of foreign languages in lan- (1) identify several foreign languages that are so accepted, the individual is deemed to be a vol- guages that are critical to the capability of the critical for the national security of the United unteer of a governmental entity or nonprofit in- intelligence community to carry out national se- States; stitution for purposes of the Volunteer Protec- curity activities of the United States. (2) identify United States citizens with ad- tion Act of 1997 (42 U.S.C. 14501 et seq.). ‘‘(3) The term ‘dedicated personnel’ means em- vanced levels of proficiency in those foreign lan- ‘‘(B) In the case of any claim against such an ployees of the intelligence community and pri- guages who would be available to perform the individual with respect to the provision of such vate citizens (including former civilian employ- services and duties referred to in subsection (a); services, section 4(d) of such Act (42 U.S.C. ees of the Federal Government who have been and 14503(d)) shall not apply. voluntarily separated, and members of the (3) implement a call for the performance of ‘‘(3) Acceptance of voluntary services under United States Armed Forces who have been hon- such services and duties. this section shall have no bearing on the orably discharged or generally discharged under (c) DURATION OF PROJECT.—The pilot project issuance or renewal of a security clearance. honorable circumstances, and rehired on a vol- under subsection (a) shall be conducted for a ‘‘(e) COMPENSATION FOR WORK-RELATED INJU- untary basis specifically to perform the activi- three-year period. RIES.—For purposes of determining the com- ties authorized under this subtitle). (d) AUTHORITY TO ENTER INTO CONTRACTS.— The Director of Central Intelligence may enter pensation for work-related injuries payable ‘‘Subtitle C—Additional Education Provisions under chapter 81 of title 5, United States Code, into contracts with appropriate agencies or enti- to an individual providing voluntary services ‘‘ASSIGNMENT OF INTELLIGENCE COMMUNITY ties to carry out the pilot project under sub- accepted under subsection (a), the monthly pay PERSONNEL AS LANGUAGE STUDENTS section (a). of the individual for such services is deemed to ‘‘SEC. 1021. (a) IN GENERAL.—The Director of (e) REPORTS.—(1) The Director of Central In- be equal to the amount determined by multi- Central Intelligence, acting through the heads telligence shall submit to Congress an initial plying— of the elements of the intelligence community, and a final report on the pilot project conducted ‘‘(1) the average monthly number of hours may assign employees of such elements in ana- under subsection (a). that the individual provided the services, by lyst positions requiring foreign language exper- (2) Each report required under paragraph (1) ‘‘(2) the minimum wage determined in accord- tise as students at accredited professional, tech- shall contain information on the operation of ance with section 6(a)(1) of the Fair Labor nical, or other institutions of higher education the pilot project, the success of the pilot project Standards Act of 1938 (29 U.S.C. 206(a)(1)). for training at the graduate or undergraduate in carrying out the objectives of the establish- ‘‘(f) REIMBURSEMENT OF INCIDENTAL EX- level in foreign languages required for the con- ment of a Civilian Linguist Reserve Corps, and PENSES.—(1) The head of an element of the in- duct of duties and responsibilities of such posi- recommendations for the continuation or expan- telligence community entity may reimburse an tions. sion of the pilot project. individual for incidental expenses incurred by ‘‘(b) AUTHORITY FOR REIMBURSEMENT OF (3) The final report shall be submitted not the individual in providing voluntary services COSTS OF TUITION AND TRAINING.—(1) The Di- later than 6 months after the completion of the accepted under subsection (a). The head of an rector may reimburse an employee assigned project. element of the intelligence community entity under subsection (a) for the total cost of the (f) AUTHORIZATION OF APPROPRIATIONS.— shall determine which expenses are eligible for training described in subsection (a), including There are authorized to be appropriated to the reimbursement under this subsection. costs of educational and supplementary reading Director of Central Intelligence for each of fiscal ‘‘(2) Reimbursement under paragraph (1) may materials. years 2005, 2006, and 2007 in order to carry out be made from appropriated or nonappropriated ‘‘(2) The authority under paragraph (1) shall the pilot project under subsection (a) such sums funds. apply to employees who are assigned on a full- as are specified in the classified Schedule of Au- ‘‘(g) AUTHORITY TO INSTALL EQUIPMENT.—(1) time or part-time basis. thorizations referred to section 102. The head of an element of the intelligence com- ‘‘(3) Reimbursement under paragraph (1) may SEC. 615. CODIFICATION OF ESTABLISHMENT OF munity may install telephone lines and any nec- be made from appropriated or nonappropriated THE NATIONAL VIRTUAL TRANS- LATION CENTER. essary telecommunication equipment in the pri- funds. (a) IN GENERAL.—Title I of the National Secu- vate residences of individuals who provide vol- ‘‘(c) RELATIONSHIP TO COMPENSATION AS AN rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- untary services accepted under subsection (a). ANALYST.—Reimbursement under this section to ‘‘(2) The head of an element of the intelligence an employee who is an analyst is in addition to ed by adding at the end the following new sec- community may pay the charges incurred for any benefits, allowances, travels, or other com- tion: the use of equipment installed under paragraph pensation the employee is entitled to by reason ‘‘NATIONAL VIRTUAL TRANSLATION CENTER (1) for authorized purposes. of serving in such an analyst position.’’. ‘‘SEC. 119. (a) IN GENERAL.—There is an ele- ‘‘(3) Notwithstanding section 1348 of title 31, (b) CLERICAL AMENDMENT.—The table of con- ment of the intelligence community known as United States Code, the head of an element of tents for the National Security Act of 1947 is the National Virtual Translation Center under the intelligence community entity may use ap- amended by striking the item relating to section the direction of the Director of Central Intel- propriated funds or nonappropriated funds of 1001 and inserting the following new items: ligence. the element in carrying out this subsection. ‘‘Subtitle A—Science and Technology ‘‘(b) FUNCTION.—The National Virtual Trans- lation Center shall provide for timely and accu- ‘‘REGULATIONS ‘‘Sec. 1001. Scholarships and work-study for rate translations of foreign intelligence for all ‘‘SEC. 1014. (a) IN GENERAL.—The Secretary of pursuit of graduate degrees in other elements of the intelligence community. Defense and the Director of Central Intelligence science and technology. ‘‘(c) FACILITATING ACCESS TO TRANS- jointly shall promulgate regulations necessary ‘‘Subtitle B—Foreign Languages Program LATIONS.—In order to minimize the need for a to carry out the Foreign Languages Program central facility for the National Virtual Trans- authorized under this subtitle. ‘‘Sec. 1011. Program on advancement of foreign languages critical to the intel- lation Center, the Center shall— ‘‘(b) ELEMENTS OF THE INTELLIGENCE COMMU- ligence community. ‘‘(1) use state-of-the-art communications tech- NITY.—Each head of an element of an intel- nology; ligence community entity shall prescribe regula- ‘‘Sec. 1012. Education partnerships. ‘‘Sec. 1013. Voluntary services. ‘‘(2) integrate existing translation capabilities tions to carry out sections 1012 and 1013 with rein the intelligence community; and spect to that element including the following: ‘‘Sec. 1014. Regulations. ‘‘Sec. 1015. Definitions. ‘‘(3) use remote-connection capacities. ‘‘(1) Procedures to be utilized for the accept- ‘‘(d) USE OF SECURE FACILITIES.—Personnel of ‘‘Subtitle C—Additional Education Provisions ance of voluntary services under section 1013. the National Virtual Translation Center may ‘‘(2) Procedures and requirements relating to ‘‘Sec. 1021. Assignment of intelligence commu- carry out duties of the Center at any location the installation of equipment under section nity personnel as language stu- that— 1013(g). dents.’’. ‘‘(1) has been certified as a secure facility by ‘‘DEFINITIONS SEC. 614. PILOT PROJECT FOR CIVILIAN LIN- an agency or department of the United States; ‘‘SEC. 1015. In this subtitle: GUIST RESERVE CORPS. and ‘‘(1) The term ‘intelligence community entity’ (a) PILOT PROJECT.—The Director of Central ‘‘(2) the Director of Central Intelligence deter- means an agency, office, bureau, or element re- Intelligence shall conduct a pilot project to es- mines to be appropriate for such purpose.’’. ferred to in subparagraphs (B) through (K) of tablish a Civilian Linguist Reserve Corps com- (b) CLERICAL AMENDMENT.—The table of sec- section 3(4). prised of United States citizens with advanced tions for that Act is amended by inserting after

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JN7.039 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4839 the item relating to section 118 the following does not change in any reporting re- Mr. Chairman, I support the Goss new item: quirements nor does it lift any fences amendment. ‘‘Sec. 119. National Virtual Translation Cen- that were put in place. But what it Mr. Chairman, I yield back the bal- ter.’’. does do is it restores the authorization ance of my time. SEC. 616. REPORT ON RECRUITMENT AND RETEN- level to include $8 million that had Mr. GOSS. Mr. Chairman, pending TION OF QUALIFIED INSTRUCTORS been cut from the President’s fiscal the arrival of the gentleman from OF THE DEFENSE LANGUAGE INSTI- TUTE. year 2005 budget request. Pennsylvania (Mr. MURTHA), if he is (a) STUDY.—The Secretary of Defense shall I am doing this to address the con- able to be here, I would be very happy conduct a study on methods to improve the re- cern that the cut might significantly to yield such time as he may consume cruitment and retention of qualified foreign lan- impact the important mission of the to the distinguished gentleman from guage instructors at the Foreign Language Cen- National Drug Intelligence Center, and California (Mr. LEWIS), the man with ter of the Defense Language Institute. In con- the reason I have brought the amend- whom our committee works very close- ducting the study, the Secretary shall consider, ment forward is because I wanted to ly. He is the appropriator for our busi- in the case of a foreign language instructor who have the distinguished gentleman from ness, and we are indeed indebted and is an alien, to expeditiously adjust the status of the Commonwealth of Pennsylvania the alien from a temporary status to that of an grateful for the kind attention and the alien lawfully admitted for permanent resi- (Mr. MURTHA), who I felt has actually generosity that he bestows on the in- dence. been the person who is most instru- telligence community. (b) REPORT.—(1) Not later than one year after mental in this particular program, Mr. LEWIS of California. Mr. Chair- the date of the enactment of this Act, the Sec- have as much time as he wanted to ad- man, I thank the gentleman very much retary of Defense shall submit to the appro- dress this issue. I wanted to make sure for yielding, and I appreciate the com- priate congressional committees a report on the he had the opportunity. ments of the ranking member as well. study conducted under subsection (a), and shall In any event, I am assuming he It was my privilege to serve on the include in that report recommendations for such would support the amendment. In the Permanent Select Committee on Intel- changes in legislation and regulation as the Sec- absence of knowing nothing beyond retary determines to be appropriate. ligence for some years, and I have (2) DEFINITION.—In this subsection, the term that, I am going to suggest that this great respect for the work you are ‘‘appropriate congressional committees’’ means amendment be adopted. about. the following: Mr. Chairman, I reserve the balance I must say that while the gentleman (A) The Select Committee on Intelligence and of my time. from Pennsylvania (Mr. MURTHA) and I the Committee on Armed Services of the Senate. Ms. HARMAN. Mr. Chairman, I do have discussed this amendment and I (B) The Permanent Select Committee on Intel- not oppose the amendment, but I ask know of his concerns and I am very ligence and the Committee on Armed Services of to control the time on this side. the House of Representatives. supportive of his concerns, in the The CHAIRMAN. Without objection, meantime, I really asked for the time The CHAIRMAN. No amendment to the gentlewoman from California (Ms. because I am a bit disconcerted about the substitute is in order except the HARMAN) may control the time. what I sensed from the general debate amendments printed in House Report There was no objection. Ms. HARMAN. Mr. Chairman, I yield as I was watching it over C–SPAN from 108–561. Each amendment may be of- my office. fered only in the order printed in the myself such time as I may consume. Mr. Chairman, I support the Goss There appears to be developing here a report, by a Member designated in the level of kind of partisanship that I am report, shall be considered read, shall amendment to restore the level of funding requested for NDIC, the Na- not used to seeing when we discuss in- be debatable for the time specified in telligence. There is absolutely no ques- the report, equally divided and con- tional Drug Intelligence Center. I was concerned to learn that these funds had tion that intelligence work does not trolled by the proponent and an oppo- know a partisan divide, if things are nent of the amendment, shall not be been cut, as have others for key satellite programs, and I am pleased that happening as they should, and to see subject to amendment and shall not be that developing in the committee is subject to be a demand for division of the chairman has now decided to restore the level of funding the Center most disconcerting to this Member. the question. Over the years, we all know that in- It is now in order to consider amend- needs to carry out its important counternarcotics mission. Hopefully we will telligence funding was way, way below ment No. 1 printed in House Report where it should be. The development of 108–561. address other shortfalls that some on our side have identified in the con- that lack of funding took place as the AMENDMENT NO. 1 OFFERED BY MR. GOSS Congress some years ago was radically Mr. GOSS. Mr. Chairman, I offer an ference. Mr. Chairman, I would just like to reducing defense spending. In those amendment. make an additional comment about a days, I used to say as defense spending The Chairman. The Clerk will des- subject the chairman raised at the end is coming down, intelligence spending ignate the amendment. of general debate, and that was when should go up, because the Commander- The text of the amendment is as fol- he called additional budget authority in-Chief needs better and more infor- lows: monopoly money. I certainly share his mation at such a time, rather than Amendment No. 1 offered by Mr. GOSS: view that we should appropriate the less. In section 104(e)(1), strike ‘‘$29,811,000’’ and In the meantime, there is little doubt insert ‘‘$37,811,000’’. funds that we authorize. That is why this side wants to authorize additional that during the 1990s, there were sig- The CHAIRMAN. Pursuant to House funds and then hopefully to get them nificant impacts that were negatively Resolution 686, the gentleman from appropriated. I have spoken to the affecting our intelligence program- Florida (Mr. GOSS) and a Member op- highest levels of this administration ming. In recent years, we have seen a posed each will control 5 minutes. about my keen view that the amount movement in the other direction. The Chair recognizes the gentleman of money to fully fund counterterror- In the bill that came off the floor from Florida (Mr. GOSS). ism for fiscal year 2005 is not so great. yesterday, there was a reflection of all Mr. GOSS. Mr. Chairman, I yield my- of our concern. Indeed, within the base self such time as I may consume. b 1800 bill, the appropriations for defense, we The purpose of this amendment is It is not a big budget buster, cer- spent more than was in the President’s very simple. It restores the funding for tainly not as big as many other re- budget. And in the Committee’s action the National Drug Intelligence Center quests made by this administration. on the amendment that came from the to the levels contained in the Presi- I see the gentleman from California administration for some $25 billion, we dent’s fiscal year 2005 budget request. (Mr. LEWIS) in the room, for whom I provided substantial amounts of addi- In fact, a number of actions were taken have high regard. It would be my hope tional funding for intelligence work. in committee regarding NDIC this year that sometime soon, even perhaps in There is little doubt of the priority of in response to an ongoing investigation the defense appropriations bill that this president, this administration, in into activities there. This amendment comes out of conference, we will in- making sure we have adequate funding, does nothing to affect these investiga- crease the funding for counterterror- and I feel very strongly that we should tions that are ongoing in any way. It ism for fiscal year 2005. know that especially the Commander-

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.039 H23PT1 H4840 CONGRESSIONAL RECORD — HOUSE June 23, 2004 in-Chief does not see partisan value in begins 2 years after the date on which the ‘‘(4) CLASSIFIED INFORMATION.—The Sec- this work. designation was made; or retary may consider classified information The committee is a great committee, ‘‘(II) if the designated organization has in amending a designation in accordance but there is a divide here that, I must previously filed a petition for revocation with this subsection. Classified information under this subparagraph, the petition period shall not be subject to disclosure for such say, reflects more than normally mem- begins 2 years after the date of the deter- time as it remains classified, except that bership divide. If, at the staff level, we mination made under clause (iv) on that pe- such information may be disclosed to a court have people who are reacting for purely tition. ex parte and in camera for purposes of judi- partisan purposes or their own biases, ‘‘(iii) PROCEDURES.—Any foreign terrorist cial review under subsection (c).’’. that is disconcerting to me. It is not organization that submits a petition for rev- (c) TECHNICAL AND CONFORMING AMEND- healthy for the community, it is not ocation under this subparagraph must pro- MENTS.—Section 219 of the Immigration and healthy for our national defense, it vide evidence in that petition that the rel- Nationality Act (8 U.S.C. 1189) is amended— evant circumstances described in paragraph clearly is not healthy for our intel- (1) in subsection (a)— (1) have changed in such a manner as to war- (A) in paragraph (3)(B), by striking ‘‘sub- ligence community. rant revocation with respect to the organiza- section (b)’’ and inserting ‘‘subsection (c)’’; Mr. GOSS. Mr. Chairman, I yield my- tion. (B) in paragraph (6)(A)— self such time as I may consume. ‘‘(iv) DETERMINATION.— (i) in the matter preceding clause (i), by Mr. Chairman, I would urge support ‘‘(I) IN GENERAL.—Not later than 180 days striking ‘‘or a redesignation made under for the amendment. Not knowing that after receiving a petition for revocation subparagraph (4)(B)’’ and inserting ‘‘at any there would be a contrary wish from mitted under this subparagraph, the Sec- time, and shall revoke a designation upon the gentleman from Pennsylvania (Mr. retary shall make a determination as to such completion of a review conducted pursuant revocation. to subparagraphs (B) and (C) of paragraph MURTHA), whose guidance I would fol- ‘‘(II) CLASSIFIED INFORMATION.—The Sec- (4)’’; and low very closely on this, I am going to retary may consider classified information (ii) in clause (i), by striking ‘‘or redesigna- make that assumption. I hope that is a in making a determination in response to a tion’’; correct assumption and has the support petition for revocation. Classified informa- (C) in paragraph (7), by striking ‘‘, or the of the other side, as we have heard ex- tion shall not be subject to disclosure for revocation of a redesignation under para- pressed. such time as it remains classified, except graph (6),’’; and Ms. HARMAN. Mr. Chairman, will that such information may be disclosed to a (D) in paragraph (8)— court ex parte and in camera for purposes of the gentleman yield? (i) by striking ‘‘, or if a redesignation judicial review under subsection (c). under this subsection has become effective Mr. GOSS. I yield to the gentle- ‘‘(III) PUBLICATION OF DETERMINATION.—A woman from California. under paragraph (4)(B),’’; and determination made by the Secretary under (ii) by striking ‘‘or redesignation’’; and Ms. HARMAN. Mr. Chairman, it has this clause shall be published in the Federal (2) in subsection (c), as so redesignated— our support. Register. (A) in paragraph (1), by striking ‘‘of the Mr. GOSS. Mr. Chairman, I yield ‘‘(IV) PROCEDURES.—Any revocation by the designation in the Federal Register,’’ and all back my time. Secretary shall be made in accordance with that follows through ‘‘review of the designa- The CHAIRMAN. The question is on paragraph (6).’’; and tion’’ and inserting ‘‘in the Federal Register (3) by adding at the end the following: the amendment offered by the gen- of a designation, an amended designation, or ‘‘(C) OTHER REVIEW OF DESIGNATION.— a determination in response to a petition for tleman from Florida (Mr. GOSS). ‘‘(i) IN GENERAL.—If in a 6-year period no revocation, the designated organization may The amendment was agreed to. review has taken place under subparagraph seek judicial review’’; The CHAIRMAN. It is now in order to (B), the Secretary shall review the designa- (B) in paragraph (2), by inserting ‘‘, amend- consider Amendment No. 2 printed in tion of the foreign terrorist organization in ed designation, or determination in response order to determine whether such designation House Report 108–561. to a petition for revocation’’ after ‘‘designa- should be revoked pursuant to paragraph (6). AMENDMENT NO. 2 OFFERED BY MR. GALLEGLY tion’’; ‘‘(ii) PROCEDURES.—If a review does not (C) in paragraph (3), by inserting ‘‘, amend- Mr. GALLEGLY. Mr. Chairman, I take place pursuant to subparagraph (B) in ed designation, or determination in response offer an amendment. response to a petition for revocation that is to a petition for revocation’’ after ‘‘designa- The CHAIRMAN. The Clerk will des- filed in accordance with that subparagraph, tion’’; and ignate the amendment. then the review shall be conducted pursuant (D) in paragraph (4), by inserting ‘‘, amend- The text of the amendment is as fol- to procedures established by the Secretary. ed designation, or determination in response The results of such review and the applicable lows: to a petition for revocation’’ after ‘‘designa- procedures shall not be reviewable in any Amendment No. 2 offered by Mr. tion’’ each place that term appears. court. GALLEGLY: (d) SAVINGS PROVISION.—For purposes of Add at the end the following new title: ‘‘(iii) PUBLICATION OF RESULTS OF REVIEW.— applying section 219 of the Immigration and The Secretary shall publish any determina- Nationality Act on or after the date of en- TITLE VII—REFORM OF DESIGNATION OF tion made pursuant to this subparagraph in FOREIGN TERRORIST ORGANIZATIONS actment of this Act, the term ‘‘designation’’, the Federal Register.’’. as used in that section, includes all redes- SEC. 701. DESIGNATION OF FOREIGN TERRORIST (b) ALIASES.—Section 219 of the Immigra- ignations made pursuant to section ORGANIZATIONS. tion and Nationality Act (8 U.S.C. 1189) is 219(a)(4)(B) of the Immigration and Nation- (a) PERIOD OF DESIGNATION.—Section amended— 219(a)(4) of the Immigration and Nationality (1) by redesignating subsections (b) and (c) ality Act (8 U.S.C. 1189(a)(4)(B)) prior to the Act (8 U.S.C. 1189(a)(4)) is amended— as subsections (c) and (d), respectively; and date of enactment of this Act, and such re- (1) in subparagraph (A)— (2) by inserting after subsection (a) the fol- designations shall continue to be effective (A) by striking ‘‘Subject to paragraphs (5) lowing new subsection (b): until revoked as provided in paragraph (5) or and (6), a’’ and inserting ‘‘A’’; and ‘‘(b) AMENDMENTS TO A DESIGNATION.— (6) of section 219(a) of the Immigration and (B) by striking ‘‘for a period of 2 years be- ‘‘(1) IN GENERAL.—The Secretary may Nationality Act (8 U.S.C. 1189(a)). ginning on the effective date of the designa- amend a designation under this subsection if SEC. 702. INCLUSION IN ANNUAL DEPARTMENT tion under paragraph (2)(B)’’ and inserting the Secretary finds that the organization has OF STATE COUNTRY REPORTS ON ‘‘until revoked under paragraph (5) or (6) or changed its name, adopted a new alias, dis- TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK set aside pursuant to subsection (c)’’; solved and then reconstituted itself under a WEAPONS OF MASS DESTRUCTION (2) by striking subparagraph (B) and insert- different name or names, or merged with an- AND GROUPS THAT HAVE BEEN DES- ing the following: other organization. IGNATED AS FOREIGN TERRORIST ‘‘(B) REVIEW OF DESIGNATION UPON PETI- ‘‘(2) PROCEDURE.—Amendments made to a ORGANIZATIONS. TION.— designation in accordance with paragraph (1) (a) INCLUSION IN REPORTS.—Section 140 of ‘‘(i) IN GENERAL.—The Secretary shall re- shall be effective upon publication in the the Foreign Relations Authorization Act, view the designation of a foreign terrorist Federal Register. Subparagraphs (B) and (C) Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is organization under the procedures set forth of subsection (a)(2) shall apply to an amend- amended— in clauses (iii) and (iv) if the designated ored designation upon such publication. Para- (1) in subsection (a)(2)— ganization files a petition for revocation graphs (2)(A)(i), (4), (5), (6), (7), and (8) of sub- (A) by inserting ‘‘any terrorist group within the petition period described in section (a) shall also apply to an amended known to have obtained or developed, or to clause (ii). designation. have attempted to obtain or develop, weap- ‘‘(ii) PETITION PERIOD.—For purposes of ‘‘(3) ADMINISTRATIVE RECORD.—The admin- ons of mass destruction,’’ after ‘‘during the clause (i)— istrative record shall be corrected to include preceding five years,’’; and ‘‘(I) if the designated organization has not the amendments as well as any additional (B) by inserting ‘‘any group designated by previously filed a petition for revocation relevant information that supports those the Secretary as a foreign terrorist organiza- under this subparagraph, the petition period amendments. tion under section 219 of the Immigration

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.136 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4841 and Nationality Act (8 U.S.C. 1189),’’ after to demonstrate that a group should the government, agree that the nexus ‘‘Export Administration Act of 1979,’’; stay on the list. This amendment shifts between terrorism and weapons of mass (2) in subsection (b)(1)(C)(iii), by striking the burden to the terrorist organiza- destruction is the most dangerous se- ‘‘and’’ at the end; tion to petition the government to be curity threat faced by the United (3) in subsection (b)(1)(C)— (A) by redesignating clause (iv) as clause removed from the list. A terrorist States and our allies. Therefore, it (v); and group can petition the government makes absolute sense to have the State (B) by inserting after clause (iii) the fol- every 2 years. Even if a terrorist group Department’s main report on terrorism lowing new clause: does not petition for formal removal discuss this linkage. ‘‘(iv) providing weapons of mass destruc- from the terrorist list, the government Mr. Chairman, I urge passage of this tion, or assistance in obtaining or developing must still review the designation every important amendment. such weapons, to terrorists or terrorist 6 years. Mr. Chairman, I reserve the balance groups; and’’; and By streamlining the process, the of my time. (4) in subsection (b)(2)— Ms. HARMAN. Mr. Chairman, I do (A) by redesignating subparagraphs (C), State Department and other agencies, (D), and (E) as (D), (E), and (F), respectively; including our intelligence services, can not oppose this amendment, but I will and focus on designating new groups as ter- control the time on this side. (B) by inserting after subparagraph (B) the rorist organizations and focus on pre- The CHAIRMAN. Without objection, following new subparagraph: venting new attacks. the gentlewoman from California is ‘‘(C) efforts by those groups to obtain or For example, last year, 29 of the 37 recognized for 10 minutes. develop weapons of mass destruction;’’. organizations on the foreign terrorist There was no objection. (b) EFFECTIVE DATE.—The amendments list were due for redesignation. As a re- Ms. HARMAN. Mr. Chairman, I yield made by subsection (a) shall apply beginning myself such time as I may consume. with the first report under section 140 of the sult, the State, Justice, Treasury and Foreign Relations Authorization Act, Fiscal the intelligence community spent Mr. Chairman, I want to support the Years 1988 and 1989 (22 U.S.C. 2656f), sub- thousands of hours in preparing a de- author of this amendment for his care- mitted more than one year after the date of tailed administrative record for each of fully crafted amendment and excellent the enactment of this Act. these groups. remarks. I believe it is imperative that The CHAIRMAN. Pursuant to House Meanwhile, back in March, the State we maintain an effective and efficient Resolution 686, the gentleman from Department designated for the first process for designating foreign ter- California (Mr. GALLEGLY) and a Mem- time the group, Ansar al-Islam, as a rorist organizations and understand ber opposed each will control 10 min- foreign terrorist organization based in better the threat posed by those ter- utes. north Iraq. The group has been linked rorist organizations and their links to The Chair recognizes the gentleman to al Qaeda and is known to have par- weapons of mass destruction. from California (Mr. GALLEGLY). ticipated in attacks on both U.S. I understand, as the gentleman said, Mr. GALLEGLY. Mr. Chairman, I troops and Iraqi civilians. The designa- that the Committee on the Judiciary yield myself such time as I may con- tion of Ansar al-Islam took longer than and the Committee on International sume. it should have, because over the pre- Relations have been working on a Mr. Chairman, my amendment is ceding 6 months, Federal counterter- stand-alone bill to require the Sec- very important to the question of how rorism groups were bogged down in the retary of State to review designations our government spends its resources redesignation of large numbers of ter- every 4 years, not every 6, as this fighting international terrorism. The rorist groups. amendment provides. amendment streamlines the very bur- The modified redesignation require- I think this additional flexibility densome and time-consuming proce- ment proposed by the amendment will would be a good thing and would sug- dure for redesignating a group as a for- still provide designated terrorist gest, for example, that a bill, which I eign terrorist organization, thereby al- groups with plenty of procedural safe- assume will be taken up at another lowing the Federal Government to guards. For example, a group can still time, should include a provision allow- focus on actually fighting terrorism request a court review of designation ing the Secretary of State to remove and preventing new attacks. within 30 days after its first designa- groups from the list of foreign terrorist Under existing law, the U.S. Govern- tion. In addition, the amendment al- organizations if they renounce ter- ment must devote significant amounts lows organizations to petition the Sec- rorism. This is one way of using our of its counterterrorist resources to the retary every 2 years to revoke its des- soft power instead of relying solely on terrorist organization redesignation ef- ignation. If that review is not to the military power to influence groups on fort. This bureaucratic process must group’s satisfaction, the designation the list. I would hope that these details take place every 2 years, even though can still be challenged in court. and others could be worked out sepa- the vast majority of these groups do The amendment also establishes a rately, or in the conference on this bill. not even dispute their designation. new, expedited procedure for handling Mr. Chairman, I would just like to And, as we all know, some groups, such the situation in which a terrorist group add that from 1999 to 2000, I served as a as al Qaeda, openly boast of their ter- changes its name or uses new aliases. member of the so-called Bremer Com- rorist activity. The language on foreign terrorist or- mission on Terrorism, headed by This amendment would make two ganizations is identical to the provi- former Ambassador L. Paul Bremer, principle changes to the law. First, it sions contained in an en bloc amend- who now serves as civil administrator would replace the requirement to for- ment to the Department of State au- in Iraq. The issue of listing groups and mally redesignate terrorist organiza- thorization bill that was passed by a states as terrorist actors was some- tions every 2 years with a procedure voice vote here on the floor. thing we considered carefully. In fact, that allows the groups to petition the Given the importance of this meas- we spoke out about one such state. Secretary of State at 2-year intervals ure, I introduced it as a separate bill. I think this is an excellent tool to to have their designation revoked. It It was approved by the Subcommittee help defeat the threats we face. I really would also require the Secretary to re- on International Terrorism, Non- want to commend the gentleman from view each group’s designation every 6 proliferation and Human Rights on California (Mr. GALLEGLY) for offering years. March 17. In addition, this provision this improvement to our intelligence Let me be clear. This amendment has the support of both the State De- authorization bill. does not change the procedure for plac- partment and the Department of Jus- Mr. Chairman, I reserve the balance ing a group on the foreign terrorist or- tice. of my time. ganization list. The government must Lastly, section 702 of my amendment Mr. GALLEGLY. Mr. Chairman, I still undergo the same lengthy process requires that the State Department’s yield 21⁄2 minutes to my good friend, that exists today. annual report on terrorism include in- the gentleman from Texas (Mr. SMITH). What changes under the amendment formation on countries and terrorist Mr. SMITH of Texas. Mr. Chairman, I is the every 2 year redesignation proc- groups that are seeking to obtain want to thank my friend, the gen- ess. Currently, the burden is on the weapons of mass destruction. Experts tleman from California (Mr. GALLEGLY) State Department and other agencies on terrorism, both within and outside for offering this amendment.

VerDate May 21 2004 06:04 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.038 H23PT1 H4842 CONGRESSIONAL RECORD — HOUSE June 23, 2004 In 1996, following a series of terrorist AMENDMENT NO. 3 OFFERED BY MR. BOEHLERT (14) On May 6, 2004, a cargo ship departed attacks throughout the world, Con- Mr. BOEHLERT. Mr. Chairman, I Libya for the United States carrying an ad- gress acted to make clear that this offer an amendment. ditional 1,000 tons of weapons of mass de- country is not to be used as a staging struction equipment, including centrifuge The CHAIRMAN. The Clerk will des- parts and components needed to enrich ura- ground for those who seek to commit ignate the amendment. nium, the Libyan uranium conversion facil- acts of terrorism against persons in The text of the amendment is as fol- ity and all associated equipment, five SCUD- other countries. lows: C missiles and launchers, and two partial One of the components in the Com- Amendment No. 3 offered by Mr. BOEH- missiles. mittee on the Judiciary’s 1996 anti-ter- LERT: (15) In testimony before the Committee on rorism legislation was to authorize the At the end of title III (page 11, after line 8), International Relations of the House of Rep- Secretary of State to designate foreign insert the following new section: resentatives on May 10, 2004, Assistant Sec- terrorist organizations, or FTOs, that retary of State for Verification and Compli- SEC. 304. SENSE OF CONGRESS ON THE DISMAN- ance, Paula DeSutter, indicated that Libya threaten U.S. residents or the national TLING AND REMOVAL OF LIBYA’S WEAPONS OF MASS DESTRUCTION. had signed the additional protocol for the security of the United States. IAEA in Vienna and announced ‘‘the com- (a) FINDINGS.—The Congress finds the fol- Seven years of experience with the plete dismantlement of Libya’s longest lowing: designation process has shown that it range and most sophisticated missiles and (1) Libya has been listed as a state sponsor is needlessly burdensome, draining re- the elimination of all of Libya’s declared of terrorism by the Department of State chemical munitions’’. sources that are needed in the war on each year since 1979. (16) International inspectors and monitors terrorism. There are now some 37 des- (2) A German court found the Libyan Gov- are expected to remain on the ground with ignated FTOs, and the redesignation of ernment guilty of the East Berlin La Belle full cooperation from Libya to ensure that each requires intensive interagency re- disco bombing of 1986, in which two US serv- Libya possesses no biological weapons pro- icemen were killed. view and the preparation of a volumi- grams and that its weapons of mass destruc- (3) A Scottish court in January 2001 found nous administrative record. Which can tion programs have been fully dismantled take months, of course. a former Libyan official guilty of the 1988 and or converted to civilian use. Few of the designated FTOs ever bombing of Pan Am Flight 103. (17) The United States and Libya currently challenge their designation. For exam- (4) Libya received and deserved world’s are engaged in talks to enter a third phase of ple, it is unlikely that al Qaeda will condemnations for these horrific acts negotiations focused on follow-up, against innocents. seek judicial review of the Secretary’s verification, and long-term monitoring to (5) In March 2003, while Coalition Forces ensure that Libya’s weapons of mass destruc- designation of them as FTOs in the were preparing to liberate Iraq, Libya quiet- D.C. Circuit Court. Nevertheless, every tion programs and the means to deliver them ly approached members of the intelligence have been completely dismantled, as well as 2 years the Federal Government must services of the United States and United plans for the retraining of Libyan scientists compile the record against them. Kingdom and indicted a willingness to dis- and technicians for peaceful work. State and Justice Department offi- cuss Libya’s weapons of mass destruction (18) Libya’s cooperation with international cials have informed the Committee on programs. inspectors and revelations about procure- the Judiciary that the cost of repeat- (6) On December 19, 2003, after nine months ment networks have helped identify numer- edly proving that FTOs have retained of intense negotiations, Libya publicly an- ous black market suppliers in an ‘‘inter- nounced that it was prepared to eliminate all their terrorist characteristics diverts national supermarket’’ for nuclear parts and elements of its clandestine nuclear and weapons designs that also has aided such resources from other pressing chemical weapons programs. countries as Iran, Syria, and North Korea. counterterrorism work, including pur- (7) The United States, the United Kingdom, (19) Other countries voluntarily have dis- suit of additional designations. partners in the Proliferation Security Initia- mantled their weapons of mass destruction Mr. Chairman, the amendment of- tive and key arms control agencies, includ- programs, but Libya is the first and only fered by the gentleman from California ing the International Atomic Energy Agency country on the Department of State’s list of (Mr. GALLEGLY) addresses each of these (IAEA) and the Organization for the Prohibi- State Sponsors of Terrorism to do so. concerns in a way that still assures ap- tion of Chemical Weapons (OPCW), have (20) Libya’s decision to shed it pariah sta- worked in a multilateral and concerted fash- propriate review. The text of this tus and divest itself of its weapons of mass ion with Libya in an effort to completely dis- destruction programs can be directly attrib- amendment tracks language in a bill mantle Libya’s weapons of mass destruction uted to the demonstrated resolve of the that has been reviewed by the Com- programs and the means to deliver them. United States in the global war against ter- mittee on the Judiciary. This amend- (8) Because of the hard work by the men rorism, the liberation of Iraq by United ment would free up critical anti-ter- and women of the intelligence community, States Armed Forces and Coalition Forces, rorism resources that are now ex- United States policymakers were able to and the adoption of policies in targeting and pended on the onerous and, for most work successfully to convince Libya to relin- seizing shipments of such weapons. groups, largely pointless task of redes- quish its WMD programs. (21) It is appropriate to pursue a policy of (9) On January 27, 2004, a cargo plane flew ignation, while assuring that affected cautious and deliberate re-engagement with from Libya to Knoxville, Tennessee, carrying Libya based upon verifiable results, but the groups have the opportunity to seek 55,000 pounds of equipment and documents United States should not restore full diplo- appropriate review. relating to Libya’s nuclear weapons and mis- matic relations with Libya unless and until I urge my colleagues to support this sile programs. Libya has— amendment. (10) Documents relating to those programs (A) agreed and submitted to comprehensive Ms. HARMAN. Mr. Chairman, I reit- indicate that Libya had purchased a virtual monitoring of the full dismantling of its erate my support for this amendment, ‘‘turnkey facility’’ to produce parts for gas weapons of mass destruction programs; and I yield back the balance of my centrifuges together with assistance to as- (B) severed all links to and support for acts time. semble and test these centrifuges, and was of international terrorism; Mr. GALLEGLY. Mr. Chairman, I otherwise attempting to develop a large ura- (C) ceased all support for insurgency yield myself such time as I may con- nium enrichment plant which could have groups which have destabilized countries in produced enough fuel for several nuclear Africa; sume. bombs a year. Mr. Chairman, I would like to thank (D) demonstrated respect for human rights (11) On January 24, 2004, Libya announced and the rule of law; my friend, the gentlewoman from Cali- that it would accede to the Chemical Weap- (E) implemented its pledge to cooperate in fornia (Ms. HARMAN), for her positive ons Convention (CWC). the further investigation of the destruction comments and for the support. (12) On March 4, 2004, Libya submitted its of Pan Am Flight 103; and Mr. Chairman, I have no further Chemical Weapons Convention declaration, (F) settled all legal claims relating to past speakers, and I yield back the balance including a full declaration of its chemical acts of international terrorism, including of my time. weapons, an inventory of its production ca- but not limited to the bombings of Pan Am The CHAIRMAN. The question is on pacity, a description of any industrial activ- Flight 103 and the La Belle Discotheque. the amendment offered by the gen- ity that could be involved in making illegal (b) SENSE OF CONGRESS.—It is the sense of weapons, and a plan for destroying any Congress that— tleman from California (Mr. banned materials. (1) the world has been made safer with the GALLEGLY). (13) All of Libya’s known chemical muni- dismantling and removal of Libya’s weapons The amendment was agreed to. tions have since been destroyed and the of mass destruction and the means to deliver The CHAIRMAN. It is now in order to country’s stocks of mustard gas have been them; consider Amendment No. 3 printed in consolidated within a single secure facility (2) this would not have been possible if not House Report 108–561. under the supervision of the OPCW. for the demonstrated resolve of the United

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.141 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4843 States in the global war on terror and in the (9) Because of the hard work by the men the demonstrated resolve of the United liberation of Iraq by United States and Coa- and women of the intelligence community, States in the global war against terrorism, lition Forces; United States policymakers were able to the liberation of Iraq by United States (3) the President should be commended for work successfully to convince Libya to relin- Armed Forces and Coalition Forces, and the having the courage to undertake those poli- quish its WMD programs. adoption of policies in targeting and seizing cies which persuaded Libya to agree to relin- (10) On January 27, 2004, a cargo plane flew shipments of such weapons. quish such weapons; and from Libya to Knoxville, Tennessee, carrying (22) It is appropriate to pursue a policy of (4) other countries such as Iran, Syria, and 55,000 pounds of equipment and documents cautious and deliberate re-engagement with North Korea, should follow Libya’s example, relating to Libya’s nuclear weapons and mis- Libya based upon verifiable results, but the and voluntarily dismantle their weapons of sile programs. United States should not restore full diplo- mass destruction and submit their programs (11) Documents relating to those programs matic relations with Libya unless and until to international inspections. indicate that Libya had purchased a virtual Libya has— ‘‘turnkey facility’’ to produce parts for gas (A) agreed and submitted to comprehensive b 1815 centrifuges together with assistance to as- monitoring of the full dismantling of its The CHAIRMAN. Pursuant to House semble and test these centrifuges, and was weapons of mass destruction programs; Resolution 686, the gentleman from otherwise attempting to develop a large ura- (B) severed all links to and support for acts nium enrichment plant which could have of international terrorism; New York (Mr. BOEHLERT) and a Mem- produced enough fuel for several nuclear (C) ceased all support for insurgency ber opposed each will control 10 min- bombs a year. groups which have destabilized countries in utes. (12) On January 24, 2004, Libya announced Africa; The Chair recognizes the gentleman that it would accede to the Chemical Weap- (D) demonstrated respect for human rights from New York (Mr. BOEHLERT). ons Convention (CWC). and the rule of law; MODIFICATION TO AMENDMENT OFFERED BY MR. (13) On March 4, 2004, Libya submitted its (E) implemented its pledge to cooperate in BOEHLERT Chemical Weapons Convention declaration, the further investigation of the destruction including a full declaration of its chemical of Pan Am Flight 103; and Mr. BOEHLERT. Mr. Chairman, I ask weapons, an inventory of its production ca- (F) settled all legal claims relating to past unanimous consent that the amend- pacity, a description of any industrial activ- acts of international terrorism, including ment be modified in the form at the ity that could be involved in making illegal but not limited to the bombings of Pan Am desk. weapons, and a plan for destroying any Flight 103 and the La Belle Discotheque. The CHAIRMAN. The Clerk will re- banned materials. (b) SENSE OF CONGRESS.—It is the sense of port the modification. (14) All of Libya’s known chemical muni- Congress that— The Clerk read as follows: tions have since been destroyed and the (1) the world has been made safer with the country’s stocks of mustard gas have been dismantling and removal of Libya’s weapons Modification to amendment offered by Mr. consolidated within a single secure facility of mass destruction and the means to deliver BOEHLERT: under the supervision of the OPCW. them; At the end of title III (page 11, after line 8), (15) On May 6, 2004, a cargo ship departed (2) this would not have been possible if not insert the following new section: Libya for the United States carrying an ad- for decades of United States and multilateral SEC. 304. SENSE OF CONGRESS ON THE DISMAN- ditional 1,000 tons of weapons of mass de- sanctions against Libya, the demonstrated TLING AND REMOVAL OF LIBYA’S struction equipment, including centrifuge resolve of the United States in the global WEAPONS OF MASS DESTRUCTION. parts and components needed to enrich ura- war on terror and the liberation of Iraq by (a) FINDINGS.—The Congress finds the fol- nium, the Libyan uranium conversion facil- United States and Coalition Forces; lowing: ity and all associated equipment, five SCUD- (3) the President and previous Administra- (1) Libya has been listed as a state sponsor C missiles and launchers, and two partial tions should be commended for having the of terrorism by the Department of State missiles. courage to undertake those policies which each year since 1979. (16) In testimony before the Committee on persuaded Libya to agree to relinquish such (2) A German court found the Libyan Gov- International Relations of the House of Rep- weapons; and ernment guilty of the East Berlin La Belle resentatives on May 10, 2004, Assistant Sec- (4) other countries such as Iran, Syria, and disco bombing of 1986, in which two US serv- retary of State for Verification and Compli- North Korea, should follow Libya’s example, icemen were killed. ance, Paula DeSutter, indicated that Libya and voluntarily dismantle their weapons of (3) A Scottish court in January 2001 found had signed the additional protocol for the mass destruction and submit their programs a former Libyan official guilty of the 1988 IAEA in Vienna and announced ‘‘the com- to international inspections. bombing of Pan Am Flight 103. plete dismantlement of Libya’s longest Mr. BOEHLERT (during the reading). (4) Libya received and deserved world’s range and most sophisticated missiles and Mr. Chairman, I ask unanimous con- condemnations for these horrific acts the elimination of all of Libya’s declared against innocents. chemical munitions’’. sent that the modified amendment be (5) ‘‘As a result of Libya’s support for (17) International inspectors and monitors considered as read and printed in the international terrorism and its destabilizing are expected to remain on the ground with RECORD. role in the international community, the full cooperation from Libya to ensure that The CHAIRMAN. Is there objection United States maintained a comprehensive Libya possesses no biological weapons pro- to the request of the gentleman from economic embargo on Libya for more than grams and that its weapons of mass destruc- New York? two decades, which was aided by multilateral tion programs have been fully dismantled Ms. HARMAN. Mr. Chairman, reserv- sanctions imposed by United Nations Secu- and or converted to civilian use. ing the right to object, though I will rity Council Resolutions 731 and 742 in 1992, (18) The United States and Libya currently not object, I want to be sure that the and which together hobbled the development are engaged in talks to enter a third phase of language that has not been read is con- of the Libyan economy.’’ negotiations focused on follow-up, (6) In March 2003, while Coalition Forces verification, and long-term monitoring to sistent with the language I just re- were preparing to liberate Iraq, Libya once ensure that Libya’s weapons of mass destruc- viewed. again quietly approached members of the in- tion programs and the means to deliver them Mr. BOEHLERT. Mr. Chairman, will telligence services of the United States and have been completely dismantled, as well as the gentlewoman yield? United Kingdom and indicted a willingness plans for the retraining of Libyan scientists Ms. HARMAN. I yield to the gen- to discuss Libya’s weapons of mass destruc- and technicians for peaceful work. tleman from New York. tion programs, as it had previously in the (19) Libya’s cooperation with international Mr. BOEHLERT. Mr. Chairman, I can 1990’s. inspectors and revelations about procure- assure the gentlewoman that that is (7) On December 19, 2003, after nine months ment networks have helped identify numer- the case. of intense negotiations, Libya publicly an- ous black market suppliers in an ‘‘inter- Ms. HARMAN. Mr. Chairman, I with- nounced that it was prepared to eliminate all national supermarket’’ for nuclear parts and draw my reservation of objection. elements of its clandestine nuclear and weapons designs that also has aided such The CHAIRMAN. Is there objection chemical weapons programs. countries as Iran, Syria, and North Korea. to the request of the gentleman from (8) The United States, the United Kingdom, (20) Other countries voluntarily have dis- New York? partners in the Proliferation Security Initia- mantled their weapons of mass destruction There was no objection. tive and key arms control agencies, includ- programs, but Libya is the first and only ing the International Atomic Energy Agency country on the Department of State’s list of The CHAIRMAN. Is there objection (IAEA) and the Organization for the Prohibi- State Sponsors of Terrorism to do so. to the modification offered by the gen- tion of Chemical Weapons (OPCW), have (21) Libya’s decision to shed it pariah sta- tleman from New York? worked in a multilateral and concerted fash- tus and divest itself of its weapons of mass There was no objection. ion with Libya in an effort to completely dis- destruction programs can be directly attrib- Mr. BOEHLERT. Mr. Chairman, I mantle Libya’s weapons of mass destruction uted to decades of United States and multi- yield myself such time as I may con- programs and the means to deliver them. lateral economic sanctions against Libya, sume.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.061 H23PT1 H4844 CONGRESSIONAL RECORD — HOUSE June 23, 2004 Let me tell my colleagues a little bit on my soul forever more because there control the time on this side; and I about the genesis of this amendment. were 35 students from Syracuse Univer- yield myself such time as I may con- Early in February, as a senior member sity on that flight. We talked about all sume. of the Permanent Select Committee on of the gut-wrenching issues that are so I want to commend the gentleman Intelligence, I was asked to lead a dele- important to our security and the secu- from New York (Mr. BOEHLERT) not gation for a mission to Iraq and Af- rity of the Free World, and it was a only for the amendment but for, as he ghanistan. That delegation included meaningful discussion. And the gentle- said, engaging the gentleman from the distinguished gentlewoman from woman from California (Ms. HARMAN) California (Mr. LANTOS) in a construc- California (Ms. HARMAN), the ranking can characterize it from her standpoint tive effort to improve the amendment, member of the committee, and there what she thought of it. and I think it is a lot better. Frankly, were four others. There were six of us. Then we completed the rest of our I wish that our bill that we are consid- We planned a most ambitious schedule mission. We went to Jordan, we went ering and voting on today had engaged for 6 days: six countries, 6 days. to Iraq, we went to Afghanistan, we the minority more constructively at an Our purpose was not to determine the went to Turkey. This was a world-wind earlier stage; I think it would have progress on the Constitution, impor- visit of the Permanent Select Com- been a lot better. tant though that was; not to check on mittee on Intelligence, very serious I do support the Boehlert amend- the morale of the troops, important business, doing very important work. ment. I fondly remember our trip, six though that always is; not to check on As a matter of fact, 3 of the 6 days, we countries, 6 days. I think the gen- how we were spending our money on did not even sleep in a hotel; we slept tleman left out Sicily, so we might add the reconstruction, and that too is in the airplane. We got back home, and 7 countries in 6 days. very important. Our purpose as mem- we reported everything to the com- Mr. BOEHLERT. Mr. Chairman, will bers of the Permanent Select Com- mittee and to the State Department. the gentlewoman yield? mittee on Intelligence was to meet Since then, there has been a great Ms. HARMAN. I yield to the gen- with members of the intelligence com- opening up with Libya. Colonel Qa- tleman from New York. munity on-site in that war zone to hear dhafi, I do not think he went to bed one Mr. BOEHLERT. The only reason we from them in their own words their as- night and suddenly woke up and said, left out Sicily, because the initial was sessment of the situation. I want to Hey, those guys are right and I have 6 countries in 6 days; but as the gentle- compliment all of the members of that been wrong. I am going to change my woman will recall, when we added delegation for the outstanding con- ways. I think he looked around at the Libya, there were requirements on the tribution they made to that mission. world and he said, the war on terrorism pilots in that they could not fly a cer- But before we were going and still in could negatively impact him like it tain amount of time beyond their the planning stages, I had a call from negatively impacted his neighbor to standard time, so we could not go any the State Department, Ambassador the north, who is now behind bars, Sad- farther than Sicily. We had to exit Burns, who directs the Near East desk. dam Hussein. I think he said that he Libya, but we could not go any farther He said, Mr. Chairman, I would like wants to be concerned about his legacy than Sicily, so we stayed overnight and you and the delegation to consider and in what shape he was going to got up the next morning and off we making an addition to your trip, an- leave that country. I think he decided went. other stop. I said, have you looked at that it would be best to cooperate. Ms. HARMAN. Mr. Chairman, re- our schedule? Six countries in 6 days. What has happened since then? He claiming my time, I thought our Sicily We do not have time to wind our has turned over the weapons of mass stop was outstanding, which is why I watch. He said, let me talk to you destruction, he has made his country brought it up. about it. Then he came up to Capitol open for inspection, and he is cooper- But I think that the improvements Hill; and in the secure sanctuary of the ating fully. made to this amendment by the gen- Does that mean we can clap our Permanent Select Committee on Intel- tleman from California (Mr. LANTOS) hands and say, boy, is this not a great ligence rooms on the fourth floor of the are noteworthy. What he did, as I un- victory? Although it is a great victory Capitol, he said, We would like you to derstand it, was to insert a bit of the as far as it goes, and it does prove that go to Libya. We would like your dele- history here, the role of sanctions ini- leadership really results in something gation to meet with Colonel Qadhafi. I tiated by President Reagan, the role of positive if we work together. But the said, Are you kidding? Are you serious? international legal negotiations to get fact of the matter is, we have to con- Libya is engaged in state-sponsored Libya to renounce terrorism and turn tinue to be cautious, but we have to be acts of terrorism against American over terrorism suspects to inter- very deliberate. citizens. It has endured U.N. sanctions; That country is moving in the right national courts, and the role of diplo- that has been going on for 20 years; dis- direction. Let us hope they continue macy in previous administrations and regarded world condemnation, and dis- that movement. We want signals to be by the British and others before the be- missed diplomatic settlements. What sent to others. We want Iran and North ginning of this administration. Though has changed? And he said, in the secure Korea and other nations, others who this administration did play a role, and sanctuary of the Permanent Select are on the list of countries that spon- I commend it, in President Qadhafi’s Committee on Intelligence quarters on sor state terrorism, to get the message; stunning decision to do the right thing, the fourth floor of the Capitol, There is and we think that this amendment that should be reflected, and is, in this movement; There is progress. We think that I am offering, this sense of the amendment. it would be very valuable for your bi- Congress amendment, will do the right Mr. Chairman, I will put two very partisan delegation to go to Libya to thing in the appropriate way. important articles on this subject in meet Colonel Qadhafi, because we want Let me add that there are a number the RECORD. One is by Dr. Flynt to demonstrate in tangible form that if of Members on both sides of the aisle Leverett entitled ‘‘Why Libya Gave Up he begins to cooperate with us, we will that have worked very cooperatively the Bomb’’ from the January 23, 2004, cooperate with him. on this. The gentleman from California New York Times; and the second is a After checking with the gentle- (Mr. LANTOS) had some suggestions for Middle East Institute Policy Brief by woman from California (Ms. HARMAN), language. That is what my modifying two former assistant Secretaries of she agreed. She thought it would be a amendment includes, the suggestions State and former ambassadors, Martin good idea, and off we went. We spent 8 he made. That is the way we work best Indyk and Edward S. Walker entitled hours in the country, the final 2 hours together, when we reach across the ‘‘What Does Libya’s Disarmament in a tent in the middle of the Libyan center aisle and find common ground. Teach About Rogue States?’’ dated desert outside of Surt, Colonel Qadha- So I would urge the adoption of my April 7, 2004. fi’s hometown. We talked about weap- amendment. Finally, let me make two other ons of mass destruction. We talked Mr. Chairman, I reserve the balance points. We have seen in recent days about the war on terrorism. We talked of my time. troubling allegations that Colonel Qa- about the shooting down of Pan Am Ms. HARMAN. Mr. Chairman, I do dhafi was himself involved in ordering Flight 103, which has a searing impact not oppose the amendment, but I will assassinations of Saudi leaders. These

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.146 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4845 are, of course, press reports. But these to the Bush administration’s first year in of- little headway in changing Iranian or Syrian stories remind us that the success of fice. Indeed, to be fair, some credit should behavior. our policies toward Libya remain an even be given to the second Clinton adminis- The president’s lack of initiative on this tration. Tired of international isolation and point is especially disappointing because, in open question, and I am sure the gen- economic sanctions, the Libyans decided in the diplomatic aftermath of the Sept. 11 at- tleman from New York (Mr. BOEHLERT) the late 1990s to seek normalized relations tacks, the administration has a singular op- agrees with me that we need to be with the United States, and held secret dis- portunity to effect strategic realignments by clear-eyed and diligent to make certain cussions with Clinton administration offi- both Iran and Syria. Well-placed Iranians, that these promises by Colonel Qadhafi cials to convey that message. The Clinton including more pragmatic elements of Iran’s are kept, and that in other respects, he White House made clear that no movement conservative camp, have indicated through does not convert to any of his old hab- toward better relations was possible until diplomatic channels and to former officials its. Libya met its responsibilities stemming (including myself) their interest in a ‘‘grand Mr. BOEHLERT. Mr. Chairman, will from the downing of Pan Am Flight 103 over bargain’’ with the United States. Basically, Lockerbie, Scotland, in 1988. Tehran would trade off its ties to terrorist the gentlewoman yield? These discussions, along with mediation by groups and pursuit of nuclear weapons for se- Ms. HARMAN. I yield to the gen- the Saudi ambassador to the United States, curity guarantees, a lifting of sanctions and tleman from New York, the sponsor of Prince Bandar bin Sultan, produced a break- normalized relations with Washington. the amendment. through: Libya turned over two intelligence Likewise, senior Syrian officials—includ- Mr. BOEHLERT. Mr. Chairman, I officers implicated in the Pan Am 103 attack ing President Bashar al-Assad himself, in a thank the gentlewoman for yielding. to the Netherlands for trial by a Scottish conversation in Damascus last week—have Let me stress we have to be cautious, court, and in 1999 Washington acquiesced to told me that they want a better strategic un- but deliberate. But as a favorite son of the suspension of United Nations sanctions derstanding with the United States. To against Libya. the gentlewoman’s State, the great achieve this, however, Washington needs to Then, in the spring of 2001, when I was a be willing to spell out what Syria would get President that we just lost, I am remember of the State Department’s policy in return for giving up its ties to terrorists minded of his admonition: trust, but planning staff, the Bush administration and its chemical weapons and ballistic mis- verify. picked up on those discussions and induced siles. As Mr. Assad told me, Syria is ‘‘a state, Ms. HARMAN. Mr. Chairman, I thank the Libyans to meet their remaining not a charity’’—if it gives up something, it the gentleman for those comments and Lockerbie obligations. With our British col- must know what it will gain in return. strongly agree with them. leagues, we presented the Libyans with a One reason the Bush administration was In closing, Mr. Chairman, let me just ‘‘script’’ indicating what they needed to do able to take a more constructive course with and say to satisfy our requirements on com- mention that on that trip that was de- Libya was that the White House, pensating the families of the Pan Am 103 vic- uncharacteristically, sidelined the adminis- scribed, we did spend a day and evening tims and accepting responsibility for the ac- tration’s neoconservative wing—which in Baghdad. It was my second visit. We tions of the Libyan intelligence officers im- strongly opposes any offer of carrots to state met with troops, but we also met with plicated in the case. sponsors of terrorism, even when carrots all of our intelligence personnel at the We also put an explicit quid pro quo on the could help end such problematic behavior— scene in addition to the leaders of the table: if Libya met the conditions we laid when crucial decisions were made. The ini- CPA. What is troubling about that, and out, the United States and Britain would tial approach on the Lockerbie case was ap- I believe the gentleman from Florida allow United Nations sanctions to be lifted proved by an informal coalition made up of permanently. This script became the basis Condoleezza Rice, the national security ad- (Chairman GOSS) has commented on for three-party negotiations to resolve the viser, and Secretary of State Colin Powell. this in another appearance, our appear- Lockerbie issue. Likewise, in the lead up to the negotiations ance yesterday in the Committee on By early 2003, after a Scottish appeals involving Libyan weapons of mass destruc- Rules, because the timing of our trip court upheld the conviction of one of the tion, the neoconservatives at the Pentagon was February 2004. While we were in Libyan intelligence officers, it was evident and in the shop of Under Secretary of State Baghdad, General Taguba was doing his that our approach would bear fruit. Indeed, John Bolton were left out of the loop. investigation of prison abuse and so Washington allowed the United Nations Perhaps a coalition among members of the sanctions against Libya to be removed last State Department’s bureau of Near Eastern forth in Baghdad, and we were never summer after Libya reached a compensation told by these intelligence leaders that affairs and the National Security Council’s agreement with the Pan Am 103 families and more pragmatic elements can chart a similar that investigation was ongoing. That accepted responsibility for its officials’ ac- course involving Iran and Syria. However, was wrong. That diminishes our over- tions. until the administration learns the real les- sight, and those folks whom we support But during these two years of talks, Amer- sons of the Libyan precedent, policy toward as robustly as we can need to be fully ican negotiators consistently told the Liby- other rogue regimes is likely to remain candid with our committee, especially ans that resolving the Lockerbie situation stuck in the mind of ideology. would lead to no more than elimination of when we are seeking them out to try to Flynn Leverett, a visiting fellow with the United Nations sanctions. To get out from Saban Center for Middle East Politics at the help them. under the separate United States sanctions, Mr. Chairman, I would conclude by Brookings Institution, was senior director Libya would have to address other concerns, for Middle Eastern affairs at the National saying that I support the gentleman’s particularly regarding its programs in weap- Security Council from 2002 to 2003. amendment as improved by the gen- ons of mass destruction. tleman from California (Mr. LANTOS). This is the content in which Libyan offi- [From the Middle East Institute, April 7, cials approached the United States and Brit- [From the New York Times, 23 January 2004] 2004] ain last spring to discuss dismantling WHAT DOES LIBYA’S DISARMAMENT TEACH WHY LIBYA GAVE UPONTHEBOMB, Libya’s weapons program. The Iraq war, ABOUT ROGUE STATES? (By Flynt Leverett) which had not yet started, was not the driv- WASHINGTON.—As President Bush made ing force behind Libya’s move. Rather, Libya (By Ambassador Martin S. Indyk; clear in his State of the Union address, he was willing to deal because of credible diplo- Ambassador Edward S. Walker) sees the striking developments in relations matic representations by the United States Summary. Ambassadors Martin Indyk and with Libya as the fruit of his strategy in the over the years, which convinced the Libyans Edward Walker discussed the bilateral nego- war on terrorism. The idea is that Col. that doing so was critical to achieving their tiations begun in 1999 between the United Muammar el-Qaddafi’s apparent decision to strategic and domestic goals. Just as with States and Libya that led to Libyan leader renounce weapons of mass destruction was a Lockerbie, an explicit quid pro quo was of- Colonel Mu’ammar Qadhafi’s radical change largely a result of the overthrow of Saddam fered: American officials indicated that a in foreign policy. These talks began during Hussein, which thus retroactively justifies verifiable dismantling of Libya’s weapons the Clinton Administration as part of a the war in Iraq and holds out the prospect of projects would lead the removal of our own broader strategy that sought to ‘‘graduate’’ similar progress with other states that sup- sanctions, perhaps by the end of this year. rogue states into the international commu- port terrorists, seek weapons of mass de- The lesson is incontrovertible: to persuade nity and establish normal relationships with struction and brutalize their own people. a rogue regime to get out of the terrorism the United States. Although initially wary However, by linking shifts in Libya’s be- business and give up its weapons of mass de- of the process, the Bush Administration suc- havior to the Iraq war, the president mis- struction, we must not only apply pressure cessfully forged ahead with the secret nego- represents the real lessons of the Libyan but also make clear the potential benefits of tiations bringing about the recent rap- case. This confusion undermines our chances cooperation. Unfortunately, the Bush admin- prochement between the two countries. of getting countries like Iran and Syria to istration has refused to take this approach Brief. When the secret US–Libyan negotia- follow Libya’s lead. with other rogue regimes, notably Iran and tions began in 1999, Libya was engaged in an The roots of the recent progress with Libya Syria. Until the president is willing to em- effective campaign in the United Nations to go back not to the eve of the Iraq war, but ploy carrots as well as sticks, he will make cease the multilateral sanctions imposed on

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.147 H23PT1 H4846 CONGRESSIONAL RECORD — HOUSE June 23, 2004 it by the international community. The ing to use military force against Libya, after the gentleman from New York (Mr. United States was in a difficult position be- the 1986 West Berlin nightclub bombing. Fi- BOEHLERT). cause it was the only member that refused to nally, Qadhafi had a change of heart. He de- The question was taken; and the lift the sanctions and therefore was in dan- cided that he wanted American companies Chairman announced that the ayes ap- ger of becoming isolated in the Security specifically to develop Libya’s oil fields and Council. Had the United States merely ve- this strongly influenced his decision-making. peared to have it. toed a new UN resolution to lift the sanc- The United States was able to use the carrot Mr. BOEHLERT. Mr. Chairman, I de- tions, the international consensus that made and the stick effectively throughout the mand a recorded vote. the sanctions regime effective would have process, and Colonel Qadhafi consistently re- The CHAIRMAN. Pursuant to clause eroded, and this potentially would have led inforced his willingness to comply with US 6 of rule XVIII, further proceedings on to the failure of the US objectives regarding demands. the amendment, as modified, offered by Libya: the halting of state sponsorship of The Ambassadors added that one way to the gentleman from New York (Mr. terrorism, an admission of responsibility for improve this type of strategy in the future BOEHLERT) will be postponed. the bombing of Pan Am Flight 103 over would be for the US Administration to ar- Lockerbie, Scotland, and the payment of ticulate from the outset the final goals of It is now in order to consider amend- compensation to families of Pan Am Flight the engagement and identify concrete steps ment No. 4 printed in House Report 103’s victims. for compliance. On a final note, both Indyk 108–561. A New Strategy. The United States’ pri- and Walker believe that the new approach AMENDMENT NO. 4 OFFERED BY MR. SAM mary short-term goal in the negotiations has been very effective and extend credit to JOHNSON OF TEXAS was to maintain the sanctions. At the same the George W. Bush Administration for see- Mr. SAM JOHNSON of Texas. Mr. time, the US was pursuing a new strategy ing this unusual policy to its conclusion. Chairman, I offer an amendment. that went considerably beyond a policy of Mr. Chairman, I yield back the bal- containment. The goal of this broader strat- The Chairman. The Clerk will des- ance of my time. ignate the amendment. egy was to try to change the behavior of Mr. BOEHLERT. Mr. Chairman, I rogue states and ‘‘graduate’’ them into the The text of the amendment is as fol- international community and normalize re- will complete the balance of my time lows: by just once again emphasizing that all lations with the United States. Libya was a Amendment No. 4 offered by Mr. SAM JOHN- good test case for this new strategy because is not over, all is not hunky-dory, as SON of Texas: the broad international consensus that Colo- the phrase goes; but there has been sig- At the end of title III (page 11, after line 8), nel Qadhafi’s actions were unacceptable pro- nificant movement in the right direc- insert the following new section: vided the US with more flexibility. As for tion, thanks to good intelligence, SEC. 304. SENSE OF CONGRESS THAT THE APPRE- the Libyan goals, Qadhafi, having abandoned thanks to firm and decisive leadership. HENSION, DETENTION, AND INTER- his pan-Arab aspirations, made a deliberate But we have to go forward with the ad- ROGATION OF TERRORISTS ARE FUNDAMENTAL TO THE SUCCESS- tactical decision to normalize relations with monition that we trust, but verify. America. FUL PROSECUTION OF THE GLOBAL The Negotiations. The negotiations began So I would urge strong support of WAR ON TERROR. in May 1999, with Musa Kusa, Colonel Qadha- this amendment for all the reasons (a) FINDINGS.—The Congress finds the fol- fi’s head of intelligence services, leading the that have just been enumerated by the lowing: Libyan delegation. Crown Prince Abdullah of gentlewoman from California (Ms. (1) Throughout the 1980s and 1990s, the peo- Saudi Arabia and President Hosni Mubarak HARMAN) and this gentleman, and I ple of the United States were too often bru- of Egypt strongly backed the process and at would urge a ‘‘yes’’ vote on my amend- talized again and again by deadly terrorist times even provided logistical support. The ment. violence, as evidenced by the hundreds of US put forth two initial conditions which American deaths in the Beirut and Lockerbie Mr. SHERMAN. Mr. Chairman, I voted bombings, the attack on the World Trade Colonel Qadhafi fulfilled immediately: first, against the Boehlert Amendment to the Intel- that Libya halt all efforts in the UN to have Center in 1993, the destruction of the Khobar the sanctions lifted; and second, that the bi- ligence Authorizations bill for 2005, H.R. 4548, Towers military barracks, the bombing of lateral dialogue be kept secret. Surprisingly, due to the language which suggested that the the American embassies in Kenya and Tan- Libya was prepared to accept subsequent US war against Iraq and the policies of our com- zania, and the vicious attacks on the USS requirements with little negotiation. Among mander-in-chief were the major factors in Cole in 2000. the additional requirements were the closure Libya’s change with respect to the develop- (2) The terrorist violence targeted against of all terrorist camps in the country, ac- ment of nuclear and other weapons of mass the United States became more emboldened knowledging responsibility for the Pan Am destruction. It was, in fact, concerted multilat- after each attack, culminating in the deadly Flight 103 terrorist operation, paying com- attacks on the World Trade Center and the eral economic and diplomatic pressure which Pentagon on September 11, 2001, which killed pensation to families of the victims, and dis- brought Libya’s leader, Col. Qaddafi, to his closing weapons of mass destruction (at the thousands of innocent Americans, including time only consisting of chemical weapons, as senses to cut a deal to end U.S. and multilat- innocent women and children. Libya had yet to begin a nuclear weapons eral sanctions and relieve Libya’s diplomatic (3) Since September 11, 2001, the citizens of program). isolation. I agree with the Ranking Member of the United States have remained the priority Ambassador Indyk suggested these nego- the International Relations Committee, who in- target of terrorist violence, with journalists tiations could have proceeded more quickly, sisted that language be added noting the ef- and employees of non-governmental organi- possibly concluding prior to the 2000 election fect sanctions had on the Libyan leader’s poli- zations being held hostage, tortured, and de- capitated in the name of terror. season, had the United States not periodi- cies. However, I cannot support legislation cally instituted new demands to ensure Colo- (4) Congress has authorized the President nel Qadhafi’s consistency and compliance. which suggests that the President’s policy in to use all necessary and appropriate means Another complicating factor was a strong Iraq played the major role in affecting policy in to defeat terrorism ; and on numerous occa- and vocal anti-Libyan constituency among Tripoli. sions since September 11, 2001, and through- the families of Pan Am Flight 103 victims I also voted against the Rogers Amend- out the Global War on Terror, the interroga- who slowed down the reconciliation. The ne- ment. Though I agree with many of its provi- tion of detainees has yielded valuable intel- gotiations were also put on hold for the 2000 sions, I cannot support its partisan tone. ligence that has saved the lives of American American presidential elections out of con- Mr. VAN HOLLEN. Mr. Chairman, this military personnel and American citizens at cern that the process would be leaked to the amendment represents another example of home and abroad. press and result in a scandal. Once elected, the Republican leadership playing politics with (5) The interrogation of detainees has also provided highly valuable insights into the although initially wary of the process, the important matters of national security. The de- Bush Administration resumed talks in a structure of terrorist organizations, their more public forum and ‘‘took them to their cision of Libya to renounce its program to de- target selection process, and the identities of natural conclusion,’’ which has led to the re- velop weapons of mass destruction represents key operational and logistical personnel that cent public US-Libyan rapprochement. an important victory for U.S. diplomatic and were previously unknown to the Intelligence Although this has been a success story for foreign policy efforts. However, the attempt to Community. this new strategy, it is not necessarily appli- directly tie that success to the war in Iraq is (6) The lawful interrogation of detainees is cable to all rogue states. There were specific not supported by the facts. Consequently, consistent with the United States Constitu- conditions with regard to Libya that made while I agree with much that is contained in tion. the process work. First, the international (7) The abuses against detainees docu- community was united in condemning this amendment, I will not engage in this politi- mented at Abu Ghraib prison in Iraq were de- Libya’s terrorist actions. Though the United cally motivated farce. plorable aberrations that were not part of Nations contemplated lifting sanctions, the Mr. BOEHLERT. Mr. Chairman, I United States policy and were not in keeping international consensus against Libya was yield back the balance of my time. with the finest traditions of the United largely still intact. Second, the United The CHAIRMAN. The question is on States military and the honorable men and States had shown previously that it was will- the amendment, as modified, offered by women who serve.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.073 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4847 (8) The loss of interrogation-derived infor- deplorable actions of some should not Now, let me add quickly that the be- mation would have a disastrous effect on the jeopardize the use of interrogation by heading of Americans and other na- Nation’s intelligence collection and our armed services, and we should not tionals is absolutely outrageous, and counterterrorism efforts and would con- let it tarnish the sterling representa- nowhere do I think that behavior is stitute a damaging reversal in the Global War on Terror during this critical time. tion of our military. consistent with even rational or hu- (9) The apprehension, detention, and inter- The loss of interrogation-derived in- mane behavior. It is abhorrent and ap- rogation of terrorists are essential elements formation would have a disastrous ef- palling, and I strongly condemn it. to successfully waging the Global War on fect on our Nation’s intelligence, col- But in conclusion, I think it is im- Terror. lection and counterterrorism efforts. It portant that we support this amend- (10) The interrogation of detainees can and would constitute a damaging reversal ment, but I think it is also important should continue by the United States within in the global war on terror at this crit- the bounds of the United States Constitution that as we do support this amendment, ical time. we think about the fact that the rule of and the laws of the United States of Amer- Support this amendment for the safe- law must always apply as we treat de- ica. ty of our troops for Americans all over (b) SENSE OF CONGRESS.—It is the sense of tainees and proceed with the important the globe, and for the war on terror. It Congress that the apprehension, detention, work of interrogations. is imperative that lawful interrogation and interrogation of terrorists are funda- Mr. Chairman, I reserve the balance mental to the successful prosecution of the of detainees continue, and this Con- Global War on Terror. gress ought to support it. of my time. The CHAIRMAN. Pursuant to House Mr. Chairman, I reserve the balance Mr. SAM JOHNSON of Texas. Mr. Resolution 686, the gentleman from of my time. Chairman, I thank the gentlewoman Texas (Mr. SAM JOHNSON) and a Mem- The CHAIRMAN. Who seeks to con- from California (Ms. HARMAN) for her ber opposed each will control 10 min- trol the time in opposition to the comments, and I agree that it is bar- utes. amendment? barous what is going on over there. The Chair recognizes the gentleman Ms. HARMAN. Mr. Chairman, I do Mr. Chairman, I yield such time as he from Texas (Mr. SAM JOHNSON). not oppose the amendment, but I will may consume to the gentleman from control the time on our side. Mr. SAM JOHNSON of Texas. Mr. Florida (Mr. GOSS), the chairman of the The CHAIRMAN. Is there objection Chairman, I yield myself such time as Permanent Select Committee on Intel- to the request of the gentlewoman I may consume. ligence. My amendment is pretty simple. It from California? Mr. GOSS. Mr. Chairman, I thank the expresses the sense of Congress that There was no objection. gentleman from Texas (Mr. JOHNSON) the apprehension, detention, and legal Ms. HARMAN. Mr. Chairman, I yield for bringing this amendment forward interrogation of terrorists is impera- myself such time as I may consume. and for yielding me the time. tive to winning the war on terrorism Mr. Chairman, I will support the and stopping the barbarians. amendment, though I wish it had in- As my ranking member has said, the The terrorist thugs that we are fight- cluded a clear statement about the im- use of interrogation is absolutely crit- ing today are well-organized, well-fi- portance of U.S. obligations to adhere ical. It is a very important tool in the nanced forces who have publicly de- to international laws, conventions and war on terrorism. Getting information clared war on the United States of treatises to prevent torture, cruel, in- timely, not only saves lives for our America and the Free World. They humane and degrading treatment of forces, but in the type of unconven- have a global network of hide-outs and human beings. tional war we are fighting today, it is cells, set up solely to wage war on the Mr. Chairman, one of the most trou- critical to know where the next bad United States and kill innocent Amer- bling aspects of this whole detainee surprise is going to come from, because ican citizens. issue, besides the absolutely reprehen- these folks do not fight fair, as you sible abuse of prisoners, is the all-out say. b 1830 assault on the rule of law that is clear- Equally, in order to protect the tool ly revealed in legal memos that seem They have carried out attack after that we have, the proper use of interro- to justify abuse and even torture of de- attack on Americans. They attacked gation, we need to prevent the abuse of tainees. the USS Cole. They attacked our bar- interrogation. We all understand that, racks. They attacked our embassies, None of us is naive here, and as a member of the Permanent Select Com- and unfortunately, I think that those and we will always remember the high- of us who understand it and have ly coordinated attacks of September 11 mittee on Intelligence, I strongly believe in the importance of interroga- looked into it are a little puzzled by on our own land. the fixation that the liberal media has This Congress has authorized the tions and understand that interroga- assigned to some of this, what I would President to use all necessary and ap- tions can yield information that pro- call, aberration problem that took propriate means to defeat terrorism. tect thousands or millions of Ameri- place at Abu Ghraib, which was admit- On numerous occasions since Sep- cans. We have to interrogate prisoners, tedly terrible, but I believe it is an ab- tember 11 and throughout the global but over the many years of our coun- erration. war on terror, the interrogation of de- try’s history, we have always done tainees has yielded valuable intel- those interrogations consistent with I would like to point out to the ligence. This intelligence has saved the the rule of law, and only recently have American people that our committee lives of American military personnel some very troubling memoranda sur- does have oversight over interrogation, and American citizens at home and faced at the highest levels of the Jus- and we have looked into what has hap- abroad. The interrogation of detainees tice Department and the Defense De- pened in the intelligence aspects, the has also provided highly valuable in- partment that raise questions and that interrogation aspects. We have had nu- sights into the structure of terrorist actually assert that the President of merous briefings, and we had a rather organizations and their target selec- the United States in his role as com- full-scale day of hearings settled for, I tion process and the identities of key mander in chief could actually be guess it was last Friday. Unfortu- operational and logistical personnel above the law. nately, that was preempted by the sad who were previously unknown. I thought, Mr. Chairman, that we had events with President Reagan’s, the The reported abuses against detain- defeated that idea at Runnymede cen- national day of mourning for State ees at the Abu Ghraib prison in Iraq turies and centuries ago and that our ceremony for former President of the has led some to question our interroga- country was built on a foundation of United States, Ronald Reagan. So the tion policy. Make no mistake. What the rule of law, and I worry, Mr. Chair- government was closed, and obviously happened at Abu Ghraib was not part man, that if we do not observe the rule we have had to postpone. of U.S. policy, not keeping with the of law, not only do we undercut our But we are on top of the hearings in finest traditions of the United States moral authority, but we endanger our keeping up with this, and we have military. troops who might be treated just the reams of material and reports, and we The careers of those people are over. way some of our people are treating are obviously going to have more, be- They are being punished. However, the other troops. cause more reports are taking place.

VerDate May 21 2004 06:04 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.062 H23PT1 H4848 CONGRESSIONAL RECORD — HOUSE June 23, 2004 I think the purpose of the gentle- Mr. Chairman, I yield 1 minute to the support the amendment, and I yield man’s amendment is very, very impor- gentleman from New Jersey (Mr. back the balance of my time. tant. We must not lose sight that in- HOLT), another member of our com- Mr. SAM JOHNSON of Texas. Mr. terrogation is a critical tool, and de- mittee to comment on the Johnson Chairman, I yield myself such time as spite the hype and the sensationalism amendment. I may consume. that the liberal media is fixing on, and Mr. HOLT. Mr. Chairman, the amend- Mr. Chairman, let me just say that I it is a shame they do not talk more ment by our colleague from Texas in- advocate lawful and legal interroga- about the cruelty and the barbarity, as deed states a correct proposition that tion, and it must continue because it the gentleman has alluded to, of the the detention and lawful interrogation does save lives on our side. And I would enemy than they do of some people of terrorists is fundamental to our na- also like to point out that the Bush ad- who got out of control on our team. tional security. The key word, of ministration has recently declassified I would also like to say that for the course, is ‘‘lawful.’’ And perhaps the and released hundreds of pages of inter- record, it is my understanding, and we amendment could have been improved nal documents that show that torture do not know all of the facts yet, that by spelling out more explicitly the im- against detainees has never been au- perhaps the reason that the gentle- portance of adhering to international thorized and will never be authorized woman did not get an intelligence convention, international law, inter- by our Nation. briefing in February while she was in national standards. Mr. BLUMENAUER. Mr. Chairman, I voted Iraq is because the prisoners that were There is no doubt that the gentleman against the amendment because while the involved, we are finding out, were pris- from Texas has the admiration and ap- Abu Ghraib prison abuses should not be part oners of crimes, of murder and rape and preciation of every Member here in of the United States’ policy, the evidence is so forth, and not necessarily subjects this body for his service, and no one not clear that it was not part of the policy of of intelligence interest. knows better than he, he has very per- the Bush administration. Given the disturbing Now, that needs to be pursued fur- sonal and strong reasons for caring documents that are coming to light, this ther, but you can understand that if about the treatment of detainees and amendment seemed to be partisan wishful they are just criminals, that there prisoners. And, in fact, I just wanted to thinking rather than a clear expression of pol- would not be a huge reason to go out underscore the point that I am sure the icy supported by objective analysis. and get the Permanent Select Com- gentleman knows better than I, that Mr. SAM JOHNSON of Texas. Mr. mittee on Intelligence involved, its the reason we do adhere to inter- Chairman, I yield back the balance of abuse of prisoner handling, if that is national standards, is for the protec- my time. the issue. tion of our own servicemen and women The CHAIRMAN. The question is on So we have got an area of jurisdic- who may indeed become prisoners the amendment offered by the gen- tion there where we will sort out. I do themselves. tleman from Texas (Mr. SAM JOHNSON). think that it is extremely important We certainly deplore the barbaric The question was taken; and the that we support this amendment. And I treatment of Americans, Koreans and Chairman announced that the ayes ap- thank the gentleman for bringing it others by the terrorists. We understand peared to have it. forward. I think it is a huge improve- that non-state terrorists sometimes do Mr. SAM JOHNSON of Texas. Mr. ment to our bill, and I will be very not feel bound by the international Chairman, I demand a recorded vote, happy to accept it from our perspec- standards, but the gentleman’s legisla- and pending that, I make the point of tive. tion with an emphasis on the word order that a quorum is not present. Ms. HARMAN. Mr. Chairman, I yield The CHAIRMAN. Pursuant to clause myself such time as I may consume. ‘‘lawful’’ makes a good point. Mr. SAM JOHNSON of Texas. Mr. 6 of rule XVIII, further proceedings on Mr. Chairman, I would say to the the amendment offered by the gen- gentleman from Texas that I appre- Chairman, I yield 2 minutes to the gentleman from Texas (Mr. SAM JOHNSON) ciate his comments welcoming my tleman from Illinois (Mr. LAHOOD). Mr. LAHOOD. Mr. Chairman, I want- will be postponed. comments. That, again, is in the spirit The point of no quorum is considered of bipartisanship. We all do better ed to make a point about the fact that the gentleman from Florida (Chairman withdrawn. when we are bipartisan. It is now in order to consider amend- I would just also make a comment to GOSS) had invited several of us on the ment number 5 printed in House Report the gentleman from Florida (Mr. committee to go to Guantanamo on 108–561. GOSS). I certainly agree that a lot of two different occasions. We spent 2 full material is in our committee spaces, days on two separate occasions touring b 1845 and observing and paying attention. but we will consider an amendment AMENDMENT NO. 5 OFFERED BY MR. ROGERS OF later this afternoon on this subject of And there is absolutely no question the MICHIGAN the committee’s ability to oversee the work that goes on there is absolutely Mr. ROGERS of Michigan. Mr. Chair- detainee problem. Some of us remain critical to our ability to win the war man, I offer an amendment. skeptical that our committee has got- on terror. And it is absolutely critical The CHAIRMAN. The Clerk will des- ten all the material we need and cer- to our work and the work of law en- ignate the amendment. tainly skeptical that we have gotten forcement people in this country to The text of the amendment is as fol- adequate candid testimony from ad- find those people that are still here in lows: ministration officials. America, trying to hurt our country Amendment No. 5 offered by Mr. ROGERS of I would also point out to the gen- and trying to hurt our system. Michigan: tleman from Florida (Mr. GOSS) that And that is why the amendment of At the end of title III (page 11, after line 8), while we were in Baghdad, we should the gentleman from Texas is so impor- insert the following new section: have been told about some issues di- tant because it does point up the im- SEC. 304. SENSE OF CONGRESS ON SUPPORT FOR rectly relevant to our jurisdiction, portance of the work that goes on. And THE EFFORTS OF THE INTEL- such as this issue of ghosting of detain- the work that goes on in the Guanta- LIGENCE COMMUNITY. (a) FINDINGS.—The Congress finds the fol- ees as described by General Taguba in namo is very professional work. It is lowing: his report, and that is the placing of done by the book. It is done in a way (1) The men and women of the intelligence detainees without revealing their num- that, I think, has elicited the kind of community are the backbone of the Nation’s bers or their identity in prisons so information that has really helped efforts to gather and collect the intelligence that, as I understand it, the Inter- those in this country and around the which is vital to the national security of the national Red Cross and other outside world get the information they need. United States. observers would not be aware of their And so I support the amendment and (2) The men and women of the intelligence existence. This is a serious issue di- I support those that are doing the hard community are great patriots who perform their jobs without fan fair and all too often rectly relevant to our jurisdiction. I work in Guantanamo because it will without receiving the proper credit. believe that it was known to those we make a difference in our ability to win (3) The men and women of the intelligence met with in Baghdad and they should the war on terror. community are combating vastly different have informed us; at least that is my Ms. HARMAN. Mr. Chairman, I see threats to the Nation’s security compared to personal opinion. no additional speakers on our side. I their Cold War colleagues.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.153 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4849 (4) Threats to the United States have clined by 40 percent. The intelligence America who stands tall as a patriot evolved through the use of technology and reporting declined by approximately 50 for their Nation, we ought to say non-state actions, demanding alternatives to percent. As a matter of fact, George today, we recognize we did not treat traditional diplomatic actions. Tenet said in front of the commission, you well, but we understand how valu- (5) The 1995 ‘‘Deutch Guidelines’’ regarding the recruitment of foreign assets impeded When I became DCI, I found a commu- able you are today, and we will stand human intelligence collection efforts and nity and a CIA whose dollars were de- with you. We will stand with you all contributed to the creation of a risk averse clining and whose expertise was ebbing. the way. We are going to give you the environment. Despite repeated efforts by the There was a feeling in the commu- resources you need, and we are going to intelligence oversight committees of Con- nity of intelligence that they were the give you the respect that you should gress to convince the Director of Central In- stepchild; they were the sinister folks command. telligence to drop the guidelines, these who we did not need to spend money on Mr. Chairman, I reserve the balance guidelines stood until formally repealed in anymore, who had passed their prime of my time. 2001 by an Act of Congress. The CHAIRMAN. Who seeks to con- (6) The President’s budget request for the after the close of the Cold War. They became the great awful folks that we trol the time in opposition to the intelligence community fell by 11 percent amendment? from 1993 to 1995. wanted to blame for a lot of things. (7) Congress cut the President’s budget re- As a matter of fact, in the Deutch Ms. HARMAN. Mr. Chairman, I rise quest for the intelligence community each guidelines of 1995, they basically said in opposition to this amendment, and I year from 1992 through 1994. that CIA operatives around the world will control the time on our side. (8) The cutbacks in resources and political could not associate with unsavory The CHAIRMAN. The gentlewoman support during the middle of the previous characters. I have to tell my colleagues from California (Ms. HARMAN) is recog- decade has caused nearly irreversible dam- that as an agent of the FBI, if you were nized for 10 minutes. age. Ms. HARMAN. Mr. Chairman, I yield not dealing with some unsavory char- (9) Widespread risk aversion in clandestine myself such time as I may consume. HUMINT collection and intelligence analysis acters, you were not catching bad guys. Let me just say to the sponsor of the resulted from lack of resources and, more That is exactly what we needed to do. amendment that all of us in this importantly, of political support for the mis- My colleagues can imagine the morale House, on a bipartisan basis, recognize sion during the middle of the previous dec- and the confusing message that we and respect and honor the heroism and ade. send to somebody who is risking their (10) Unnecessarily cumbersome legal im- sacrifice of the men and women in the life in some remote corner of the world, intelligence community. I have spoken pediments to the clandestine HUMINT col- dealing with somebody who would just lection mission were raised during the mid- to it two or three times already today. dle of the previous decade, leaving our intel- as soon slit your throat as to say hi, That is not the issue. The issue is addi- ligence officers unable to penetrate legiti- and say to them, boy, you cannot deal tional language in this amendment. mate target organizations, such as terrorist with unsavory characters to save and Mr. Chairman, I yield such time as he groups. defend the United States of America; it may consume to the gentleman from (11) Congress and the current President might embarrass us somewhere along Maryland (Mr. RUPPERSBERGER), our have worked cooperatively to restore fund- the way. rookie. ing, personnel levels, and political support Well, if we are going to defeat ter- Mr. RUPPERSBERGER. Mr. Chair- for intelligence. rorism, we need to deal exactly with (b) SENSE OF CONGRESS.—It is the sense of man, I thank the gentlewoman from Congress that— those unsavory characters. The gentle- California (Ms. HARMAN) for the time. (1) the intelligence community should be manly days of Ivy League spies are First, we appreciate the gentleman revitalized by investing in the missions, peo- over. The threat today are those who from Michigan’s (Mr. ROGERS) service, ple, and capabilities of the community; and behead their hostages. The threat and I agree with a lot of the comments (2) the efforts of the men and women of the today are those who use illegal oper- he made about coming together and intelligence community should be recognized ations and criminal enterprise to con- supporting our men and women who and commended. duct horrible acts against the United really toil in the intelligence commu- The CHAIRMAN. Pursuant to House States, including flying airplanes into nity. They toil tirelessly in the shad- Resolution 686, the gentleman from buildings. ows for sake of our Nation’s security. Michigan (Mr. ROGERS) and a Member So what we do by this amendment is Today, we have heard complaints opposed each will control 10 minutes. say, yes, we have made some mistakes; about our side being involved in par- The Chair recognizes the gentleman yes, we did not hold you in high regard tisan politics when, in fact, we are just from Michigan (Mr. ROGERS). in the last decade, but we do today and trying to debate an issue that we dis- Mr. ROGERS of Michigan. Mr. Chair- we appreciate your work. You will not agree on; but I believe that certain man, I yield myself such time as I be on TV. You probably will not write parts of this amendment deal with a might consume. a book. You probably will not be fa- lot of politics, and I think it is impor- I rise today, and I am not one that mous, but you are risking your life tant when we deal with the issue of normally comes to the floor; but given every single day for the defense of the politics that we then follow the facts my time as a special agent with the United States. because we need to be bipartisan as it FBI and watching the intelligence I talked to a CIA station chief just relates to intelligence. community get really abused in the this weekend who said our business is The problem with this amendment, 1990s and to see this very partisan de- really to steal secrets, and all we want basically, is that the facts are as fol- bate engaged in this Intelligence au- is the appreciation of what we do, the lows: first, the cuts in the Intelligence thorization, I felt compelled to come to art of getting to them before they get budget began after the first Bush ad- the floor, at least to try to interject to us. ministration. The first President Bush some common sense and some plea that These are great Americans, and when ordered a 17.5 across-the-board cut in we could get back to the serious work we tell them not to do something, they intelligence staffing from 1991 to 1997. of protecting the United States of will not do it. When we tell them that Now, let us talk about the reasons for America. One way we do that is we we care and believe in them, they are some of these cuts. It was the end of stand tall and we stand together and going to do it. So this amendment is the Cold War. The entire intelligence we commend those who are risking exactly that. It is us standing together, community was going through a tran- their lives every day in what is an art, trying to set aside our partisan dif- sition that we are still going through a skill, to some degree a science, of col- ferences on what should never be a par- today. So let us follow the facts. lecting intelligence around the world. tisan issue, the safety and security of House Republicans supported a 6 per- The 1990s was brutal to intelligence the United States of America. cent cut in President Clinton’s Intel- collection. Funding was reduced. As a So, to every FBI agent who gets up in ligence budget by voice vote in 1992. matter of fact, the number of intel- the morning and worries that on their The Republicans have controlled the ligence operatives declined by 27 per- watch something bad is going to hap- Congress in the last 10 years, which in- cent from 1992 to 1999. From 1991 to pen, to every CIA agent, to every other cludes the purse strings. In 1996, Dr. 1997, the number of stations declined intelligence operative that we have Paul Wolfowitz, Under Secretary of De- by 30 percent. The number of assets de- employed by the United States of fense; the gentleman from Florida (Mr.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.065 H23PT1 H4850 CONGRESSIONAL RECORD — HOUSE June 23, 2004 GOSS), chairman of the Permanent Se- fundamental mission of our intel- lies belief here, and what the gentle- lect Committee on Intelligence; and ligence men and women operating un- man’s amendment talks about is the Senator WARNER were cosigners of the dercover overseas. fact that in the 1990s they took the Brown-Rudman report calling for fur- I thank the gentleman for his amend- cash cow, which was Intelligence and ther staffing reductions in intelligence, ment. Defense, emasculated it, drew it down 3 years after the World Trade Center Ms. HARMAN. Mr. Chairman, I yield as far as they could and used it on a lot bombing in 1993. myself such time as I may consume. of other things. These charts prove Senate Republicans cut $400 million I want to agree with the comments of that. from President Clinton’s Intelligence the last speaker and commend his serv- Then the idea that the former head of budget in 1998, and these cuts were ice as part of the Central Intelligence the CIA, President Herbert Walker later restored. Agency. He brings great expertise to Bush, did not do that, that is fiction, In 1999, President Clinton’s CIA Di- this House, and I as one Member value too. You all know that. So you cannot rector, George Tenet, secured the larg- it enormously. come here and have it both ways. You est single increase in intelligence fund- He may not know that the Bremer cannot say you are saying that the Commission on which I served rec- ing in 15 years. chairman did not put a good mark up ommended that the Deutch Guidelines House Republicans increased Presi- here because he did not fund fully the not apply in the case of recruitment of dent Clinton’s fiscal year 2000 budget things that you want and yet during terrorist spies. We, too, found that, by just 1 percent. the 1990s they did. You know what, it though well-intended, and I believe From 1990 to 2003, overwhelming bi- does not work that way, but I guess it they were well-intended, those guide- partisan majorities have supported does work that way because you can lines inhibited the aggressive recruit- every intelligence budget by a roll call come here and say anything you want; ment of people who had the qualifica- or voice vote. but the facts are the facts. tions to penetrate the worst terrorist I think we all recognize what this The gentleman has a good amend- organizations, which we need them to amendment really is. Let us get back ment, and you all ought to be sup- do. Yes, these are unsavory characters, to national security, and let us get porting that. and yes, we need them, provided that away from the politics. Ms. HARMAN. Mr. Chairman, how Mr. ROGERS of Michigan. Mr. Chair- they are reasonably vetted so that we know that they are reliable, but none- much more time do we have? man, I yield 2 minutes to the distin- The CHAIRMAN. The gentlewoman guished gentleman from Connecticut theless, yes, we need them. I do not want to be heard to be ambivalent from California (Ms. HARMAN) has 5 (Mr. SIMMONS), whose service in the about this at all. minutes remaining. The gentleman CIA has been unparalleled, and his 1 A few years ago, our committee from Michigan (Mr. ROGERS) has 2 ⁄2 service to his country is unmatched. found that those guidelines had not minutes remaining. The gentlewoman Mr. SIMMONS. Mr. Chairman, I been rescinded; and on a bipartisan from California has the right to close. thank the gentleman for the time. basis, we directed that the DCI rescind Ms. HARMAN. Mr. Chairman, I yield I rise in support of the amendment. them and replace them, and that was myself such time as I may consume. As my colleague from Michigan men- done at our direction. That was one of I would just point out to the gen- tioned, I spent 10 years in the Central our impressive bipartisan actions, and tleman from Illinois (Mr. LAHOOD) that Intelligence Agency. For all of those 10 so I would just point out that, while the findings section of this amendment years, I was a case officer. Five of the language of this amendment com- claims there was a funding reduction in those 10 years I served abroad on what mending our people in the field who the Intelligence budget of 11 percent I feel are difficult and dangerous mistake risk on our behalf is excellent, the between 1993 and 1995. This narrow pe- sions. We have people today overseas problem we are having on this side is riod matches a period when President serving under similarly difficult and with the findings that very narrowly Clinton was in office and Democrats dangerous conditions. focus on a very few years of history. still controlled the Congress. The life of a CIA officer operating un- The history is longer, and let me say b 1900 dercover overseas is not easy. They are in the spirit of bipartisanship that we required to penetrate a host govern- all got it wrong after the Cold War. We But the decline commenced in the ment, a terrorist organization, or some all thought the world would be more first Bush administration, in 1990, as other entity that may do harm to our peaceful. We all thought there would be the Soviet empire was collapsing. And Nation. Of definition, you are going to a peace dividend. That is why the 41st the trend continued through the 6-year be dealing with unsavory characters. President, President Bush, began to period of Republican control of Con- Of definition, you are going to have to draw down both the Defense and Intel- gress until 9–11. do things that you would not normally ligence budgets, anticipating a more It is good that we have increased the do to accomplish your mission. peaceful world, which obviously did not budget. I hope everyone in this House This is stressful and this is dan- come to pass. supports those increases. Certainly gerous, and so you can imagine what it Mr. Chairman, I reserve the balance those of us on this side of the debate must be like to operate in this environ- of my time. are talking about full funding of ment when the DCI in 1995 issues the Mr. ROGERS of Michigan. Mr. Chair- counterterrorism, because it turns out Deutch Guidelines, where cumbersome man, I yield 2 minutes to the distin- that the world was not more peaceful legal impediments are placed upon the guished gentleman from Illinois (Mr. after the fall of the Berlin Wall. The clandestine operative in his or her ef- LAHOOD). world was more dangerous, and all of fort to accomplish their mission. Mr. LAHOOD. Mr. Chairman, well, I us underestimated the lethality of the I think this resolution correctly know that we like to have it both ways threats we faced. points out some of the difficulties that around here, all of us do; but you can- In hindsight, we all, over three ad- we have encountered over the last 3 not have it both ways. You cannot ministrations, should have done a lot years, and I would argue that some of come to the floor tonight and say that more. In foresight, hopefully together those difficulties were encountered on we are not doing enough and then vote on a bipartisan basis, we will. both sides of the aisle, no question against this amendment. Mr. Chairman, I reserve the balance about it. This amendment says that in the of my time. But I think it is also incumbent that 1990s we did not put enough money in. Mr. ROGERS of Michigan. Mr. Chair- we use this opportunity, this Intel- You all know that. The cash cow when man, I yield 2 minutes to the gen- ligence authorization bill to discuss Clinton came into office was Defense tleman from Pennsylvania (Mr. MUR- some of these issues so the American and Intelligence, and what he did was PHY). people better understand how regula- he took the cash cow and he used the Mr. MURPHY. Mr. Chairman, the tions like the Deutch regulations, money for a lot of other things as all of rhetoric of this debate is not without which sound good on the surface, which you supported over there. its dangers. While this evening’s dis- restrict us from dealing with unsavory So the idea that we are not doing cussion is ostensibly about the intel- characters, in fact, work to defeat the enough but they did enough sort of be- ligence reauthorization, and I welcome

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.161 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4851 the more temperate approach tonight Mr. Chairman, I would subscribe to resolution be the Sense of Congress, as has, on other days the vituperative the comments of the gentleman from he has drafted it, which I would predict words here and also on the campaign Connecticut (Mr. SIMMONS), and I would be adopted unanimously? trails, I believe, may have harmful con- would like to point out the problem Mr. ROGERS of Michigan. Mr. Chair- sequences that demand our attention. with this amendment. It says it is the man, will the gentlewoman yield? We may be responsible for giving sense of Congress that the intelligence Ms. HARMAN. I yield to the gen- weapons of intelligence to the terror- community should be revitalized by in- tleman from Michigan. ists themselves. In World War II, the vesting in its missions, people, and ca- Mr. ROGERS of Michigan. Mr. Chair- Germans launched V2 rockets towards pabilities of the community. And, of man, facts are very stubborn things. England and waited to learn where course, that the efforts of the men and Given the sense of where the intel- they fell. Newspaper and radio ac- women of the intelligence community ligence community is today, they are counts of the damage could help the should be recognized and commended. beleaguered at every corner. For years, Nazis adjust their fire accordingly. This is commendable. This is what their hands were tied behind their Now, you do not have to be a psychol- we would like to do. But if you read the back. And now you have commissions ogist to understand the behavior of ter- findings of this, you find out what is coming out and say, gee, we tied your rorists towards us is based upon the really at play here. It is a gratuitous hands and now we are faulting you for feedback they get from us. Are they swipe at an administration that has not being super heroes and doing super getting their ideas and marching or- long been out of office. work without the funding and re- ders from the evening news? If, in fact, we want to revitalize the sources. Politicians look to incite anger and community by reinvesting in its mis- I think it is accurate, and I think we blame over gas prices. Does this lead to should make that statement that we sions, we should be doing exactly what bombing of refineries? all recognize those shortcomings of we have been talking about today, Politicians raise doubt about Iraqi 1990s, but we will stand with you today. funding counterterrorism at something security strength. Is that why they at- It is an important commitment for the more than 30 percent of what the com- tack police barracks? morale of the intelligence officers in munity, these people, say they need to Politicians questioned if Iraqi leaders the field. were ready to take over. Did that con- carry out their missions and the capa- Ms. HARMAN. Well, reclaiming my tribute to assassinations of Iraqi lead- bilities that they need. Yes, we should time, Mr. Chairman, I am disappointed ers? revitalize by reinvesting. That is what in that answer only because I think Politicians screamed about enemy we are asking to do today. there is plenty of blame to go around prisoner abuse. Did that contribute to Mr. ROGERS of Michigan. Mr. Chair- over three or four administrations and the capture, torture, and decapitation man, I yield myself such time as I may findings that made that clear, I think, of American citizens? consume just to clarify and point out would be more helpful. And politicians questioned if Ameri- that in fiscal year 1993, President Bush Let me reiterate my strong view, and cans could tolerate casualties of our requested a 4 percent increase, and the the view of everyone that I can imag- soldiers. Could that be encouraging at- Democrat Congress that year cut the ine on our side, that we support the tacks on our troops? request by 10 percent, effectively re- men and women of the intelligence Terrorists watch the evening news ducing the funding by 5 percent from community. That is something I have for our reactions to their crimes, listen the 1992 appropriation. said over and over and over again in to our speeches, listen for calls to run I understand the politics of being a our committee briefings, hearings, and away, watch the polls, and are convert to intelligence. Thank you. Let travels. Everywhere we go around the emboldened by any sign we are weak- us stand together and say, okay, that globe, and the gentleman from Florida ening, and are thwarted by signs we re- time has gone, we are going to move (Mr. GOSS) and I and others have trav- main steadfast. We tell them where, forward, we are going to stand with the eled to places like Pyongyang, and how, and how severe to strike next. Our intelligence community. Baghdad and Kabul and Libya and else- intelligence is important here. Mr. Chairman, I yield the remainder After U.S. politicians began to apply where. We have always thanked the of my time to the gentleman from men and women of the intelligence the words ‘‘Vietnam’’ and ‘‘quagmire’’ Florida (Mr. GOSS), the chairman of the in Iraq, al Qaeda added the same words community with whom we have met. committee. I wish that this would have been to their daily lexicon. Mr. GOSS. Mr. Chairman, I actually drafted on a bipartisan basis with what Terrorists are looking for ways to urge support of this. When something sway public opinion. Look at Madrid. we would view as a fairer statement of bad is going to happen, we want to findings over a longer period of time. I And now the ultimate question before make sure that it is the bad guys that them is: How will a direct attack on think that that would do more honor get us and not the good guys. And we to the capable men and women who are the U.S.A. affect our fall elections? are concerned that we have not, in our I believe these concerns are real. But now in harm’s way. So I regrettably own country, focused enough on that even if only a remote chance of a link, urge a ‘‘no’’ vote on this amendment. subject. should we not stop, think, and ask Mr. OXLEY. Mr. Chairman, I stand in strong I think this amendment helps the where we must draw the line. support of the Rogers Amendment recognizing And while we deliberate the intel- good guys and hurts the bad guys, so I the vital, groundbreaking work of our intelligence bill tonight, let us stop aiding urge its support. ligence community. the enemies of freedom through politi- Ms. HARMAN. Mr. Chairman, I yield As a former FBI special agent, I well under- cized debate here or on the campaign myself such time as I may consume. I stand the importance of human intelligence trails. Unless we do, we risk having the do not think we have any further gathering. The patriots of our intelligence com- blood of Americans on our hands. I say speakers on this amendment, but I munity are frequently unsung heroes, not re- support the amendment. would like to enter into a dialogue ceiving due credit for their tireless efforts. Due Ms. HARMAN. Mr. Chairman, how with the amendment’s sponsor to sug- to the nature of their work, they don’t make much time is remaining on our side? gest to him that we might agree by the headlines, but their work will continue to The CHAIRMAN. The gentlewoman unanimous consent that the sense of derail terrorist activities and thus prevent from California (Ms. HARMAN) has 4 Congress in his resolution be the entire headlines from being made. minutes remaining, and the gentleman resolution. Mr. Chairman, we’re facing significant new from Michigan (Mr. ROGERS) has 1⁄2 We strike the findings, because our threats in the post-Cold War era, and certainly minute remaining. side feels that they are not complete since September 11, 2001. New hot spots Ms. HARMAN. Mr. Chairman, I yield and that some of them may be mis- have emerged throughout the world, and new 1 minute to the gentleman from New leading. And that, as I said, on a bipar- havens for terrorists and their supporters. The Jersey (Mr. HOLT), a member of our tisan basis we all were wrong in 1990 threats we encounter are no longer solely committee. when the wall came down and we ex- state-based, and require new methods to com- Mr. HOLT. Mr. Chairman, I thank pected a more peaceful world. bat them. the gentlewoman for yielding me this Would the gentleman be amenable to Unfortunately, changing our Cold War ways time. striking the findings and having his has not kept pace with these new threats. It

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.167 H23PT1 H4852 CONGRESSIONAL RECORD — HOUSE June 23, 2004 has taken too long to reverse the Church (5) The efforts by the Government of Paki- not seem to be high on General Commission’s outdated and overreaching re- stan to fight Al Qaeda and the Taliban as Musharraf’s list, and we must do much forms that crippled our intelligence abilities, re- well as to dismantle terrorist networks oper- more than to pretend it is high on ours. ating inside of Pakistan. stricting human intelligence and limiting people My amendment would require the Di- (6) The efforts by the Government of Paki- rector of Central Intelligence to issue a from getting out in the field. The 2002 Joint In- stan to establish and strengthen democratic quiry into the Terrorist Attacks confirmed that institutions in Pakistan. classified, that is classified report to the lack of reliable human sources in al Qaeda (b) DEADLINE FOR SUBMITTAL OF REPORTS.— the appropriate committees of Con- ‘‘significantly limited the [intelligence] commu- (1) The Director of Central Intelligence shall gress regarding, one, the efforts of any nity’s ability to acquire intelligence that could submit the first report required under sub- Pakistani entity or individuals to ac- be acted upon before the September 11 at- section (a) not later than 90 days after the quire or transfer weapons of mass de- tacks.’’ date of the enactment of this Act. struction and related technologies or (2) The Director shall submit subsequent While human intelligence can be the force missile equipment and technology to reports required under subsection (a) on any other nation, entity, or individual; multiplier in many instances, our intelligence April 1 of 2005, 2006, 2007, 2008, and 2009. community has not received the funding or the (c) DEFINITIONS.—In this section: two, Pakistan’s efforts to curb pro- support it requires to conduct operations. (1) APPROPRIATE COMMITTEES OF CON- liferation of weapons of mass destruc- Through the leadership of Chairman GOSS GRESS.—The term ‘‘appropriate committees tion and the means to deliver them; and others, we’re continuing to work toward of Congress’’ means the following: three, Pakistani steps to ensure that revitalizing the community, giving our (A) The Committee on Appropriations, the their own nuclear weapons are secure; operatives what they need to continue their Committee on Armed Services, the Select four, Pakistani efforts to dismantle Committee on Intelligence, and the Com- work and respond to the new threats we face. terrorist networks operating inside mittee on Foreign Relations of the Senate. Pakistan, including but not limited to Their work stands at the center of our global (B) The Committee on Appropriations, the war on terrorism. Committee on Armed Services, the Perma- al-Qaeda and the Taliban; and, finally, I salute MIKE ROGERS for introducing this nent Select Committee on Intelligence, and five, Pakistani steps to restore democ- amendment to recognize the dedication and the Committee on International Relations of racy. importance of our intelligence community, and the House of Representatives. The point, Mr. Chairman, of my amendment, is to help Members estab- thank Chairman GOSS for crafting this author- (2) WEAPONS OF MASS DESTRUCTION.—The ization to meet our current and future threats. term ‘‘weapons of mass destruction’’ has the lish, on a classified basis, some of the Ms. HARMAN. Mr. Chairman, I yield meaning given such term in section 1403(1) of facts about Pakistan’s efforts and co- the Defense Against Weapons of Mass De- operation on all of these subjects. We back the balance of my time. struction Act of 1996. (Public Law 104–201). The CHAIRMAN. The question is on will all be asked to support substantial (3) MISSILE EQUIPMENT AND TECHNOLOGY.— military and economic assistance to the amendment offered by the gen- The term ‘‘missile equipment and tech- tleman from Michigan (Mr. ROGERS). nology’’ has the meaning given such term in Pakistan over the next several years, The question was taken; and the section 74(a)(5) of the Arms Export Control and I strongly support that propo- Chairman announced that the ayes ap- Act (22 U.S.C. 2797c(a)(5)). sition, but I believe that Members peared to have it. The CHAIRMAN. Pursuant to House should understand the whole picture as Mr. ROGERS of Michigan. Mr. Chair- Resolution 686 the gentleman from New they are being asked to approve this substantial assistance. man, I demand a recorded vote. York (Mr. ACKERMAN) and a Member While I understand that executive The CHAIRMAN. Pursuant to clause opposed each will control 5 minutes. 6 of rule XVIII, further proceedings on The Chair recognizes the gentleman agencies generally do not like reporting requirements, we are a coequal part the amendment offered by the gen- from New York (Mr. ACKERMAN). of government, and we have to learn tleman from Michigan (Mr. ROGERS) Mr. ACKERMAN. Mr. Chairman, I will be postponed. yield myself such time as I may con- the facts and the truth, we have to au- It is now in order to consider amend- sume. thorize and appropriate the money, and ment No. 6 printed in House Report Last year, Mr. Chairman, President we must be informed. I have person- 108–561. Bush announced a 5-year, $3 billion aid ally, as well as others have personally, package for Pakistan in return for tried to get the information from the AMENDMENT NO. 6 OFFERED BY MR. ACKERMAN administration, particularly regarding Mr. ACKERMAN. Mr. Chairman, I Pakistan’s continued cooperation in the global war on terrorism. At that A.Q. Khan, and those efforts have been offer an amendment. rebuffed. time, the President, through his The CHAIRMAN. The Clerk will des- I do not believe my amendment spokesman, said that Congress would ignate the amendment. would be unduly burdensome to the The text of the amendment is as fol- be looking closely at Pakistan’s efforts CIA, since they are supposed to be follows: on nuclear nonproliferation, on com- lowing the events in Pakistan anyway. Amendment No. 6 offered by Mr. ACKER- bating al-Qaeda, the Taliban, and other I am merely asking that they put their MAN: terrorist groups, and the reestablish- information into some useful form for At the end of title III, insert the following ment of democracy. Members. new section: Without question, Pakistani coopera- Mr. Chairman, the administration SEC. 304. REPORTS ON PAKISTANI EFFORTS TO tion in the war on terrorism will be has said repeatedly and properly that CURB PROLIFERATION OF WEAPONS key to our success. Yet since the Presi- OF MASS DESTRUCTION AND TO weapons of mass destruction and the FIGHT TERRORISM. dent’s announcement, the media has possibility that they may be acquired (a) IN GENERAL.—The Director of Central been filled with reports of Pakistan’s by terrorists is the single biggest Intelligence shall submit to the appropriate A.Q. Khan’s nuclear network, where it threat facing the United States, and in committees of Congress classified reports on turns out two-thirds of the axis got Pakistan, we have the epicenter of the following matters: their nuclear technology and that both of those threats. Our relationship (1) The efforts by the Government of Paki- Khan’s agents tried to sell it to the with Pakistan is a complicated one and stan, or individuals or entities in Pakistan, other third. to acquire or transfer weapons of mass de- presents the United States with one of struction and related technologies, or mis- In addition, there have been recent its most difficult near-term foreign sile equipment and technology, to any other reports of uneven cooperation from policy challenges. I think the Members nation, entity, or individual. Pakistan with regard to terrorism gen- must make intelligent decisions re- (2) The steps taken by the Government of erally, and al-Qaeda in particular. garding Pakistan, and we should have Pakistan to combat proliferation of weapons These reports reach to the very heart as much information on a classified of mass destruction and related technologies. of the administration’s justification for basis as possible. (3) The steps taken by the Government of supporting Pakistan. Mr. Chairman, I urge Members to Pakistan to safeguard nuclear weapons and Lastly, I do not think anyone can support the amendment. related technologies in the possession of the credibly say that the so-called ref- Government of Pakistan. Mr. Chairman, I reserve the balance (4) The size of the stockpile of fissile mate- erendum on General Musharraf’s rule, of my time. rial of the Government of Pakistan and or the parliamentary elections held Mr. GOSS. Mr. Chairman, I rise in whether any additional fissile material has last year, were either fair or free. Real opposition, and I yield myself such been produced. democratization in Pakistan just does time as I may consume.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.069 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4853 Mr. Chairman, I do not have huge heartburn. I appreciate his sentiments. tion and documents in the possession or con- heartburn over this at all, but I am a Nobody is suggesting that we oppose trol of such element in connection with any little concerned on a couple of points. aid to Pakistan. investigation of that Office by such a com- The first is that Pakistan is one of Mr. Chairman, I am delighted to mittee. our strongest allies in a very delicate yield 2 minutes to the gentlewoman The CHAIRMAN. Pursuant to House part of the world with this global war from California (Ms. HARMAN), the Resolution 686, the gentleman from of terrorism. I think it is important to ranking member. Connecticut (Mr. SHAYS) and a Member remember that Pakistan’s stability Ms. HARMAN. Mr. Chairman, I thank opposed each will control 10 minutes. and continued cooperation in the war the gentleman for yielding me this The Chair recognizes the gentleman on terror is of paramount importance time and commend him for this amend- from Connecticut (Mr. SHAYS). to the United States’ national interest ment and rise in support. Mr. SHAYS. Mr. Chairman, I obvi- at this time, and we all know it. With- I do agree with Chairman GOSS that ously move the adoption of the amend- out Pakistan’s help, the war on terror our committee is already studying ment. would be much more difficult to fight these issues. I also agree with Chair- Mr. Chairman, I yield 41⁄2 minutes to and to win. man GOSS that these are touchy issues the gentleman from California (Mr. Anyone who doubts Pakistan’s com- because we certainly want to commu- OSE). mitment need only see last week’s re- nicate our strong support for the Gov- Mr. OSE. I thank the gentleman from port that Pakistani forces killed one of ernment of Pakistan which has, after Connecticut for yielding me this time. the country’s best known, most wanted all, been an ally of ours in this very, Mr. Chairman, before you came to pro al-Qaeda militants, that would be very difficult global war on terror and Congress doing business, were you ever Nek Mohammed, in a missile strike. which continues to take major risks on ripped off? Just plainly and simply Pakistani security forces have killed our behalf. So, yes, that is true. ripped off? Mr. Chairman, this oil-for- or captured dozens of al-Qaeda On the other hand, I believe it is im- food program is a rip-off to trump any operatives since 9–11 and have sus- portant to run to ground key ques- scheme or action perpetrated on any tained significant casualties in so tions, including the breadth and scope member of any country anytime any- doing, and considered high-level cas- of the proliferation headed by A.Q. where. This oil-for-food program got ualties there, too, I am sorry to say. Khan, the number of customers, the de- hijacked, pure and simple. President Musharraf, moreover, is gree of cooperation with other rogue The way it worked was, Iraq com- walking a political tightrope in helping states, and whether at any level there plained about not having enough us, as all of us who have been in that was complicity of the Pakistani Gov- money to buy food or medicine for its country know, yet he believes that the ernment. These are tough questions, people, so the United Nations frankly war on terror must be won, and is will- and I think that what is requested in in what turned out to be a moment of ing to take significant political, and I this amendment, which is a report on great generosity set up a program would say personal risk on his part to these questions, will certainly burden whereby a limited amount of Iraqi oil do it. the agencies. Yes, it will. On the other could be brought to market and sold to The stories about A.Q. Khan’s pro- hand, it will give us some answers that willing buyers for the purpose of gener- liferation exploits were not a surprise we need. ating revenue that Iraq could then use to the intelligence community. This On balance, I think it is commend- through the United Nations to buy food was an example of very good work, and able that we focus additional attention and medicine for its people. it is work that is continuing. on the damage done with respect to Lo and behold, the grand bazaar of proliferation around the world by A.Q. Baghdad turned out to be a rip-off of b 1915 Khan and his network and we recognize all rip-offs. Saddam Hussein hijacked The intelligence community and that there is a place, I think the place this program, arguably with the knowl- State Department are working dili- is now, in our consideration of these edge beforehand of certain members of gently, constructively, carefully and issues to get the clear answers we de- the United Nations staff responsible for quietly on the sensitive matters reserve. oversight to make sure this did not ferred to in this amendment. The com- I support this amendment. happen and lined his pockets with up mittees of jurisdiction are being kept The CHAIRMAN. The question is on to $10 billion of surcharges and levies well informed about the status of the amendment offered by the gen- on this program. Over the course of the things. tleman from New York (Mr. ACKER- oil-for-food program, $67 billion worth The amendment offered by the gen- MAN). of oil was sold. Half of that $67 billion tleman from New York, I know the mo- The amendment was agreed to. in turn was used to purchase food and tivation is good, but nevertheless this The CHAIRMAN. It is now in order to medicine and other supplies for the requires the Director of Central Intel- consider amendment No. 7 printed in benefit of the Iraqi people. Keep in ligence to report to eight congressional House Report 108–561. mind that under the United Nations committees on Pakistan’s efforts to AMENDMENT NO. 7 OFFERED BY MR. SHAYS resolution that set this program up, curb WMD proliferation, fight ter- Mr. SHAYS. Mr. Chairman, I offer an the purpose of these oil sales was to rorism, safeguard nuclear weapons, amendment, and I ask unanimous con- provide food and medicine to the starv- strengthen Pakistan’s democratic in- sent that the amendment be read. It is ing and unhealthy population in Iraq. stitutions, and disclose the size of short. However, let me tell my colleagues Pakistan’s fissile material stockpile. The CHAIRMAN. Without objection, what the dictator of Baghdad pur- Actually that is happening. I think the amendment will be read in full. chased for the people of Iraq in part. that is all going on. I do not have any There was no objection. The people of Iraq were asked to con- problem reiterating it, but I am a little The Clerk read as follows: sume 1,500 ping-pong tables. They were concerned the amendment might be provided with all sorts of soft ice Amendment No. 7 offered by Mr. SHAYS: misconstrued by some, given the sen- At the end of title III (page 11, after line 8), cream machines. They purchased over- sitive state of affairs in the region; and insert the following new section: priced dental chairs from China. They frankly I do not think it is helpful to SEC. 304. SENSE OF CONGRESS. even were able to acquire a warehouse U.S. interests. It is the Sense of Congress that the head of full of undelivered wheelchairs and As I say, I think much of the over- each element of the intelligence community, cigarettes. They paid $2 billion for sight noted in what he is trying to ac- including the Central Intelligence Agency, presidential palaces. They bought 300 complish is already being done by the the Federal Bureau of Investigation, and the Mercedes-Benz sedans. They paid for a committees of jurisdiction. As I say, I intelligence elements of the Department of $200 million Olympic stadium. They do not have huge heartburn over this, Defense, the Department of State, and the bought limos. They even bought defec- Department of the Treasury should make but I am worried that it could upset a available upon a request from a committee tive ultrasound machines from Algeria delicate balance. of Congress with jurisdiction over matters to feed their people with. Mr. ACKERMAN. Mr. Chairman, I am relating to the Office of the Iraq Oil-for-Food The purpose of the gentleman from glad that the gentleman does not have Program of the United Nations, any informa- Connecticut’s amendment is to harness

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JN7.171 H23PT1 H4854 CONGRESSIONAL RECORD — HOUSE June 23, 2004 the energies and talents of America’s Our citizens were taken advantage of, the Iraqi Governing Council, some in agencies to help us get to the bottom as were the Iraqi citizens. We must fol- it, leaked information to their now free of this. There is absolutely no ration- low this investigation. press that printed the names of almost ale for allowing this kind of a rip-off to Mr. OSE. Mr. Chairman, will the gen- 300 people. Well over 200. They were occur. The gentleman from Connecti- tleman yield? high-ranking government officials in- cut’s amendment directs American Mr. RUPPERSBERGER. I yield to cluding, frankly, Kofi Annan’s son al- agencies to cooperate with the dif- the gentleman from California. legedly involved, Benon Sevan in ferent committees of Congress to get to Mr. OSE. The gentleman from Mary- charge of the program, and so we have the bottom of this. land is very accurate in terms of talk- now an investigation of the U.N. I would close, Mr. Chairman, by, in ing about the oil-for-food program. I But Mr. Volker will tell you, it is effect, pardon my phrase, throwing just want to highlight one thing. Some kind of like being in the Senate. It is back at the Secretary-General his of the revenues that were used in this unanimous consent. He has to get the words. Secretary-General Kofi Annan program in effect were used to buy food cooperation of everyone. He does not said, ‘‘I want to get to the truth and I that had spoiled. We paid people to de- have the ability to just say, I want this want to get to the bottom of this.’’ Mr. liver food under this program that was information. If I don’t get it we’re Chairman, we want the truth as well. spoiled. And Saddam collected commis- going to subpoena it. So he is first We want some answers. We want to sions or levies or tariffs or something looking at the U.N. and what they are know, what was the purpose of Cotecna on it. We need to get to the bottom of doing to try to, in my judgment, go in this dynamic process? How come we this. I cannot tell the gentleman how carefully to build credibility so he can had to send stuff through Jordan at pleased I am to have both sides inter- go after what he thinks are more seri- discounts of upwards of 67 percent to ested in making this happen. ous problems. The bottom line is we true value? How come we were able to Mr. RUPPERSBERGER. Reclaiming need to encourage much more aggres- ship stuff through Syria for only a 33 my time, there is also an issue of Mr. sive activity on the part of the U.N. We percent discount? This thing begs for Chalabi, who made allegations that he can only do that if we get the informa- an investigation. Interestingly enough, had evidence concerning this issue. We tion, information from the Permanent between Benon Sevan and Kojo Annan had under oath certain representatives Select Committee on Intelligence and and the people who were responsible for representing Mr. Chalabi that were our criminal justice system. I want to this, the future holds answers that are going to come forward with evidence. also compliment the Committee on just going to fascinate us all. That did not occur. It is important International Relations. They are I urge adoption of this amendment. that we move forward in a bipartisan working so well with our subcommittee The CHAIRMAN. Who claims time in way and follow the facts. and our subcommittee is working so opposition to the amendment? Mr. SHAYS. Mr. Chairman, I yield well with them. Ms. HARMAN. Mr. Chairman, I do myself such time as I may consume. I do not think I need to use the whole not oppose the amendment, but I will b 1930 control the time on this side. debate, particularly given the gracious The CHAIRMAN. Without objection, support of both sides of the aisle, the We are trading information. There is the gentlewoman from California is chairman of the full committee and more than any one committee can do, recognized for 10 minutes. ranking member, and say that they and ultimately I think we will get to There was no objection. have always been a pleasure to work the truth of it. I just would say that Ms. HARMAN. Mr. Chairman, I yield with. I thank the gentlewoman from the gentleman from California (Mr. myself such time as I may consume. California so much for all the work OSE) was absolutely correct when he Mr. Chairman, as a strong supporter that she does and the gentleman from said that this is one of the largest rip- of congressional oversight, I believe Florida. The gentleman from Maryland offs to any country, and it was a com- that information should be readily (Mr. RUPPERSBERGER) has been a tre- munity rip-off by other nations. They available to those congressional com- mendous supporter for our efforts. The allowed Saddam to make billions of mittees of jurisdiction conducting in- gentleman from California (Mr. OSE) dollars at the expense of his own peo- vestigations, including investigations has really brought out a lot in the ple. of the U.N. oil-for-food program. There- hearing that we had. And it really suggests why in some fore, I am happy to support the amend- We know that we could not allow the cases some countries may not have ment offered by the gentleman from sanctions to deprive Iraqi citizens of been interested in our allowing the Connecticut and feel it is very con- food and medicine. The problem was Iraqis to overthrow Saddam, getting structive. they did not get the food they paid for this information that will expose him. Mr. Chairman, I yield such time as he and they did not get the medicines I think they all thought it would just may consume to the gentleman from they paid for, because Saddam Hussein be quiet and that this program would Maryland (Mr. RUPPERSBERGER), a was basically allowed to run the pro- continue ad infinitum. member of our committee. gram with the oversight of the U.N. I have spoken longer that I have cho- Mr. RUPPERSBERGER. Mr. Chair- that chose not to provide oversight, sen. I do not really have anything else man, one of the issues we have been de- particularly the Chinese and the Rus- to say other than to thank my col- bating today is the issue of oversight sians who did not believe that there leagues and to them on a bipartisan with respect to the Permanent Select should even be sanctions and did not go basis we are going to get at the truth. Committee on Intelligence. I am a out of their way to make this system From its inception in 1996, the United Na- member of that committee, but I am work. tions’ Oil-for-Food Program (OFF) was sus- also a member of the Subcommittee on So we had countries that knowingly ceptible to political manipulation and financial National Security of the Committee on allowed Saddam to rip off his own peo- corruption. Trusting Saddam Hussein to exer- Government Reform of which the gen- ple. He undersold oil and then got huge cise sovereign control over billions of dollars tleman from Connecticut (Mr. SHAYS) kickbacks, and he overpaid for com- of oil sales and commodity purchases invited is our chairman. I support this amend- modities and got huge kickbacks, $4.4 the illicit premiums and kickback schemes now ment. I find that the gentleman from billion in the overcharges, the sur- coming to light. Connecticut is taking his responsi- charges for the oil and the kickbacks But much is still not known about the exact bility for oversight very seriously. Not on humanitarian purchases and an esti- details of Oil-for-Food transactions. That is only has he ruled and really been in mated $5.7 billion going through Syria. one reason my Subcommittee on National Se- charge of this committee and trying to The Syrians and the Russians and, curity, Emerging Threats, and International seek and follow the facts but he has frankly, the French were not helpful in Relations convened a hearing on April 21st: to gone to Iraq. He has done his investiga- this process. help pierce the veil of secrecy that still tion. It is important that we follow the What I rejoice in was that this story shrouds the largest humanitarian aid effort in facts and that we move forward be- was really outed by the free press in history. cause this oil-for-food program is a rip- Iraq. We all knew that this was a cor- This much we know: The Hussein regime off. People were taken advantage of. rupt program; but what happened was reaped an estimated $10.1 billion from this

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JN7.175 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4855 program: $5.7 in smuggled oil; $4.4 in oil sur- the program was being corrupted. Questions should be supported by the whole charges and kickbacks on humanitarian pur- about oil or commodity contracts were dis- House. chases through the Oil-for-Food Program. missed as dubious media rumors beneath the Mr. Chairman, I yield back the bal- There is no innocent explanation for this. dignity of the U.N. to answer, while Saddam ance of my time. At the hearing, the Subcommittee heard the was given the undeserved benefit of every The CHAIRMAN. The question is on program, while successful in many ways, was doubt. the amendment offered by the gen- riddled with corruption and the independent ef- We cannot ignore the profoundly serious al- tleman from Connecticut (Mr. SHAYS). forts of the Iraqis to investigate the fraud was legations of malfeasance in the Oil-for-Food The question was taken; and the being stifled by the Coalition Provisional Au- Program. To do so would be to deny the Iraqi Chairman announced that the ayes ap- thority. people the accounting they deserve and leave peared to have it. We want the State Department, the CPA, the U.N. under an ominous cloud. This is the the intelligence community, and the U.N. to Iraqi’s money we’re talking about, so the Iraqi Mr. SHAYS. Mr. Chairman, I demand know there has to be a full accounting of all Governing Council and its successor should a recorded vote. Oil-for-Food transactions, even if that unac- get cooperation from the CPA and the State The CHAIRMAN. Pursuant to clause customed degree of transparency embar- Department in conducting its inquiries. 6 of rule XVIII, further proceedings on rasses some members of the Security Council. In Iraq, and elsewhere, the world needs an the amendment offered by the gen- Two months ago, U.N. Secretary General impeccably clean, transparent U.N. The domi- tleman from Connecticut (Mr. SHAYS) Kofi Annan assured me he wants to get to the nant instrument of multilateral diplomacy will be postponed. bottom of this scandal and restore faith in the should embody our highest principles and as- It is now in order to consider amend- ability of the U.N. to do its job. Subsequently, pirations, not systematically sink to the lowest ment No. 8 printed in House Report the Secretary General appointed Paul Volcker common denominator of political profiteering. 108–561. to lead an independent panel to look into the This emerging scandal is a huge black mark AMENDMENT NO. 8 OFFERED BY MR. KUCINICH Oil-for-Food Program. against the United Nations and only a prompt While Mr. Volcker brings expertise and pres- and thorough accounting, including punish- Mr. KUCINICH. Mr. Chairman, I offer tige to the task, we are concerned about the ment for any found culpable, will restore U.N. an amendment. slow pace of the U.N. investigation. The credibility and integrity. The Chairman. The Clerk will des- Volcker panel has just announced the hiring of That is why it is critical to get to the bottom ignate the amendment. senior staff. Nevertheless, they continue to of the corruption. In order to do that we need The text of the amendment is as fol- say an interim report, possibly this summer, for the intelligence community to better assist lows: will address the conduct of U.N. employees the Congress in its investigations. Amendment No. 8 offered by Mr. KUCINICH: and allegations about the Secretary General’s Mr. Chairman, this Sense of Congress will At the end of title III (page 11, after line 8), son involvement. help address the difficulties many committees insert the following new section: But we also need to know more than what have had obtaining information and docu- SEC. 304. INSPECTOR GENERAL REPORT ON EVI- just happened at the U.N. We also need to ments—especially from the intelligence com- DENCE OF RELATIONSHIP BETWEEN know what happened at the U.S. Mission. We munity—pertaining to the Iraq Oil-for-Food SADDAM HUSSEIN AND AL-QAEDA. need to know what our intelligence community Program. This amendment should reinforce (a) AUDIT.—The Inspector General of the knew and knows. the importance Congress places on the Oil- Central Intelligence Agency shall conduct an Many of the allegations are true, we just for-Food investigations. audit of the evidence of any relationship, ex- don’t know which ones yet. We should be long Mr. Chairman, I yield back the bal- isting before September 11, 2001, between the past asking whether something went wrong in ance of my time. regime of Saddam Hussein and al-Qaeda, ref- OFF. It’s time to find out exactly what went Ms. HARMAN. Mr. Chairman, I yield erenced in all intelligence reporting of the wrong and who is responsible. myself such time as I may consume. Central Intelligence Agency, including prod- As I have stated earlier and others on ucts, briefings and memoranda, distributed Our staff has been through the minutes of to the White House and Congress. the U.N. ‘‘661 Committee’’ of Security Council our side have stated, we support this (b) REPORT TO CONGRESS.—Not later than members responsible for sanctions monitoring amendment. We think congressional one year after the date of the enactment of and oversight of OFF. Those minutes tell a oversight matters. Committees can this Act, the Inspector General shall submit story of diplomatic obfuscation and an obvi- make a big difference, and on a bipar- to Congress a report on the audit conducted ous, purposeful unwillingness to acknowledge tisan basis we think this amendment under subsection (a).

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

EXECUTIVE COMMUNICATIONS, reports in accordance with Section 36(a) of tion of weapons-usablefissile material in the ETC. the Arms Export Control Act, pursuant to 22 territory of the Russian Federation that was U.S.C. 2776(a); to the Committee on Inter- Under clause 8 of rule XII, executive declared in Executive Order 13159 of June 21, national Relations. 2000; to the Committee on International Re- communications were taken from the 8725. A letter from the Assistant Secretary lations. Speaker’s table and referred as follows: for Legislative Affairs, Department of State, 8722. A letter from the Principal Deputy transmitting certification of a proposed 8727. A letter from the Secretary, Depart- Under Secretary for Personnel and Readi- manufacturing license agreement for the ment of Education, transmitting the thir- ness, Department of Defense, transmitting manufacture of significant military equip- tieth Semiannual Report to Congress on Authorization of Lieutenant General James ment abroad with France, Belgium, Germany Audit Follow-Up, covering the six-month pe- E. Cartwright, United States Marine Corps, and the United Kingdom (Transmittal No. riod ending March 31, 2004 in compliance to wear the insignia of the grade of general DDTC 037–04), pursuant to 22 U.S.C. 2776(d); with the Inspector General Act Amendments in accordance with title 10, United States to the Committee on International Rela- of 1988, pursuant to 5 U.S.C. app. (Insp. Gen. Code, section 777; to the Committee on tions. Act) section 5(b); to the Committee on Gov- Armed Services. 8726. A letter from the Deputy Secretary, ernment Reform. 8723. A letter from the Director, Defense Department of the Treasury, transmitting as Security Cooperation Agency, transmitting required by section 401(c) of the National 8728. A letter from the Secretary, Smithso- the Department of the Defense’s proposed Emergencies Act, 50 U.S.C. 1641(c), and sec- nian Institution, transmitting in accordance lease of defense articles to the Former Yugo- tion 204(c) of the International Economic with Section 647(b) of Division F of the Con- slav Republic of Macedonia (Transmittal No. Powers Act, 50 U.S.C. 1703(c), and pursuant solidated Appropriations Act, FY 2004, Pub. 02–04), pursuant to 22 U.S.C. 2796a(a); to the to Executive Order 13313 of July 31, 2003, a L. 108–199, the Institution’s Report to Con- Committee on International Relations. six-month periodic report on the national gress on FY 2003 Competitive Sourcing Ef- 8724. A letter from the Director, Defense emergency with respect to the risk of nu- forts; to the Committee on Government Re- Security Cooperation Agency, transmitting clear proliferation created by the accumula- form.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JN7.076 H23PT1 H4856 CONGRESSIONAL RECORD — HOUSE June 23, 2004 8729. A letter from the Director of Congres- 8740. A letter from the Paralegal Spe- Committee on Transportation and Infra- sional Relations, Central Intelligence Agen- cialist, FAA, Department of Transportation, structure. cy, transmitting a report pursuant to the transmitting the Department’s final rule— 8750. A letter from the Paralegal Spe- Federal Vacancies Reform Act of 1998; to the Modification of Class E Airspace; Cassville, cialist, FAA, Department of Transportation, Committee on Government Reform. MO. [Docket No. FAA–2004–17152; Airspace transmitting the Department’s final rule— 8730. A letter from the Secretary, Depart- Docket No. 04–ACE–18] received June 21, 2004, Establishment of Class E Airspace; Clayton, ment of Education, transmitting in accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NM [Docket No. FAA–2004–17260; Airspace ance with Section 647(b) of Division F of the mittee on Transportation and Infrastruc- Docket No. 2004–ASW–08] received June 21, Consolidated Appropriations Act, FY 2004, ture. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Pub. L. 108–199, and the Office of Manage- 8741. A letter from the Paralegal Spe- Committee on Transportation and Infra- ment and Budget Memorandum 04–07, the De- cialist, FAA, Department of Transportation, structure. partment’s Report to Congress on FY 2003 transmitting the Department’s final rule— 8751. A letter from the Paralegal Spe- Competitive Sourcing Efforts; to the Com- Modification of Class E Airspace; Moberly, cialist, FAA, Department of Transportation, mittee on Government Reform. MO. [Docket No. FAA–2004–17420; Airspace transmitting the Department’s final rule— 8731. A letter from the Chairman, U.S. Pa- Docket No. 04–ACE–21] received June 21, 2004, Modification of Class E Airspace; Wahoo, NE. role Commission, Department of Justice, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. FAA–2004–17725; Airspace Docket transmitting a copy of the annual report in mittee on Transportation and Infrastruc- No. 04–ACE–37] received June 21, 2004, pursu- compliance with the Government in the Sun- ture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee shine Act for the calendar year 2003, pursu- 8742. A letter from the Paralegal Spe- on Transportation and Infrastructure. ant to 5 U.S.C. 552b(j); to the Committee on cialist, FAA, Department of Transportation, 8752. A letter from the Paralegal Spe- Government Reform. transmitting the Department’s final rule— cialist, FAA, Department of Transportation, 8732. A letter from the Administrator, En- Modification of Class E Airspace; Gothen- transmitting the Department’s final rule— vironmental Protection Agency, transmit- burg, NE. [Docket No. FAA–2004–17423; Air- Modification of Class E Airspace; Ogallala, ting the semiannual report on activities of space Docket No. 04–ACE–24] received June NE. [Docket No. FAA–2004–17724; Airspace the Inspector General for the period October 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Docket No. 04–ACE–36] received June 21, 2004, 1, 2003, through March 31, 2004, pursuant to 5 the Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. app. (Insp. Gen. Act) section 5(b); to structure. mittee on Transportation and Infrastruc- the Committee on Government Reform. 8743. A letter from the Paralegal Spe- ture. 8733. A letter from the Managing Director, cialist, FAA, Department of Transportation, 8753. A letter from the Paralegal Spe- Federal Home Loan Banks, transmitting the transmitting the Department’s final rule— cialist, FAA, Department of Transportation, 2003 management reports of the 12 Federal Modification of Class E Airspace; Johnson, transmitting the Department’s final rule— Home Loan Banks (FHLBanks), Resolution KS. [Docket No. FAA–2004–17151; Airspace Modification of Class E Airspace; North Funding Corporation (REFCORP) and the Fi- Docket No. 04–ACE–17] received June 21, 2004, Platte, NE. [Docket No. FAA–2004–17723; Air- nancing Corporation (FICO), pursuant to 31 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- space Docket No. 04–ACE–35] received June U.S.C. 9106; to the Committee on Govern- mittee on Transportation and Infrastruc- 21, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to ment Reform. ture. the Committee on Transportation and Infra- 8734. A letter from the Chairman, Inter- 8744. A letter from the Paralegal Spe- structure. national Trade Commission, transmitting cialist, FAA, Department of Transportation, 8754. A letter from the Paralegal Spe- the semiannual report on the activities of transmitting the Department’s final rule— cialist, FAA, Department of Transportation, the Office of Inspector General for the period Revision of Class E Airspace; Platinum, AK transmitting the Department’s final rule— October 1, 2003 through March 31, 2004, pursu- [Docket No. FAA–2003–17042; Airspace Docket Modification of Restricted Area 5115, NM; ant to 5 U.S.C. app. (Insp. Gen. Act) section No. 04–AAL–03] received June 21, 2004, pursu- and Restricted Areas 6316, 6317, and 6318, TX 8G(h)(2); to the Committee on Government ant to 5 U.S.C. 801(a)(1)(A); to the Committee [Docket No. FAA–2004–17612; Airspace Docket Reform. on Transportation and Infrastructure. No. 04–ASW–03] (RIN: 2120–AA66) received 8735. A letter from the Executive Director 8745. A letter from the Paralegal Spe- June 21, 2004, pursuant to 5 U.S.C. for Operations, Nucelar Regulatory Commis- cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- sion, transmitting a report on Year 2003 In- transmitting the Department’s final rule— tation and Infrastructure. ventory of Commercial Activities and Inher- Establishment of Class E Airspace; Wales, 8755. A letter from the Paralegal Spe- ently Governmental Functions, in accord- AK [Docket No. FAA–2004–17019; Airspace cialist, FAA, Department of Transportation, ance with the Federal Activities Inventory Docket No. 04–AAL–02] received June 21, 2004, transmitting the Department’s final rule— Reform Act (FAIR) of 1998 and with the Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Establishment of Restricted Area 2204, fice of Management and Budget (OMB) Cir- mittee on Transportation and Infrastruc- Oliktok Point; AK [Docket No. FAA–2003– cular No. A–76, ‘‘Performance of Commercial ture. 15410; Airspace Docket No. 03–AAL–1] (RIN: Activities’’; to the Committee on Govern- 8746. A letter from the Paralegal Spe- 2120–AA66) received June 21, 2004, pursuant to ment Reform. cialist, FAA, Department of Transportation, 5 U.S.C. 801(a)(1)(A); to the Committee on 8736. A letter from the Assistant Secretary transmitting the Department’s final rule— Transportation and Infrastructure. For Fish and Wildlife and Parks, Department Modification of Class E Airspace; Fulton, 8756. A letter from the Paralegal Spe- of the Interior, transmitting a draft bill ‘‘To MO. [Docket No. FAA–2004–17149; Airspace cialist, FAA, Department of Transportation, modify the boundary of the Seip Earthwood Docket No. 04–ACE–15] received June 21, 2004, transmitting the Department’s final rule— unit of the Hopewell Culture National His- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment of Class E Airspace; Lynchburg, torical Park in the State of Ohio, and for mittee on Transportation and Infrastruc- VA [Docket No. FAA–2004–17296; Airspace other purposes’’; to the Committee on Re- ture. Docket No. 04–AEA–03] received June 21, 2004, sources. 8747. A letter from the Paralegal Spe- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8737. A letter from the Assistant Secretary cialist, FAA, Department of Transportation, mittee on Transportation and Infrastruc- for Fish and Wildlife and Parks, Department transmitting the Department’s final rule— ture. of the Interior, transmitting a draft bill ‘‘To Airworthiness Directives; Dassault Model 8757. A letter from the Paralegal Spe- revise the designation of wilderness areas in Mystere-Falcon 50 Series Airplanes [Docket cialist, FAA, Department of Transportation, Cumberland Island National Seashore, and No. 2002–NM–204–AD; Amendment 39–13617; transmitting the Department’s final rule— for other purposes’’; to the Committee on AD 2004–09–27] (RIN: 2120–AA64) received Modification of Class E Airspace; McCook, Resources. June 21, 2004, pursuant to 5 U.S.C. NE. [Docket No. FAA–2004–17722; Airspace 8738. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- Docket No. 04–ACE–34] received June 21, 2004, cialist, FAA, Department of Transportation, tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— 8748. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- Modification of Class E Airspace; Excelsior cialist, FAA, Department of Transportation, ture. Springs, MO. [Docket No. FAA–2004–17147; transmitting the Department’s final rule— 8758. A letter from the Paralegal Spe- Airspace Docket No. 04–ACE–13] received Establishment of Class D Airspace; Denton, cialist, FAA, Department of Transportation, June 21, 2004, pursuant to 5 U.S.C. TX [Docket No. FAA–2004–17261; Airspace transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Transpor- Docket No. 2004–ASW–09] received June 21, Modification of Class E Airspace; Mosby, tation and Infrastructure. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the MO. [Docket No. FAA–2004–17721; Airspace 8739. A letter from the Paralegal Spe- Committee on Transportation and Infra- Docket No. 04–ACE–33] received June 21, 2004, cialist, FAA, Department of Transportation, structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— 8749. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- Modification of Class E Airspace; Gideon, cialist, FAA, Department of Transportation, ture. MO. [Docket No. FAA–2004–17150; Airspace transmitting the Department’s final rule— 8759. A letter from the Paralegal Spe- Docket No. 04–ACE–16] received June 21, 2004, Establishment of Class E Airspace; Galliano, cialist, FAA, Department of Transportation, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- LA [Docket No. FAA–2004–17259; Airspace transmitting the Department’s final rule— mittee on Transportation and Infrastruc- Docket No. 2004–ASW–07] received June 21, Modification of Class E Airspace; Oshkosh, ture. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the NE. [Docket No. FAA–2004–17427; Airspace

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\L23JN7.000 H23PT1 June 23, 2004 CONGRESSIONAL RECORD — HOUSE H4857 Docket No. 04–ACE–27] received June 21, 2004, Model EC 130 B4 and AS 350 B3 Helicopters for printing and reference to the proper pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 2003–SW–29–AD; Amendment 39– calendar, as follows: mittee on Transportation and Infrastruc- 13650; AD 2004–11–05] (RIN: 2120–AA64) re- Mr. POMBO: Committee on Resources. ture. ceived June 21, 2004, pursuant to 5 U.S.C. H.R. 1156. A bill to amend the Reclamation 8760. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- Wastewater and Groundwater Study and Fa- cialist, FAA, Department of Transportation, tation and Infrastructure. cilities Act to increase the ceiling on the transmitting the Department’s final rule— 8767. A letter from the Paralegal Spe- Federal share of the costs of phase I of the Revision of Federal Airway 137. [Docket No. cialist, FAA, Department of Transportation, Orange County, California, Regional Water FAA–2003–16437; Airspace Docket No. 03– transmitting the Department’s final rule— Reclamation Project (Rept. 108–562). Referred AWP–02] (RIN: 2120–AA66) received June 21, Airworthiness Directives; Saab Model SAAB to the Committee of the Whole House on the 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the SF340A and SAAB 340B Series Airplanes State of the Union. Committee on Transportation and Infra- [Docket No. 2003–NM–18–AD; Amendment 39– structure. 13647; AD 2004–11–02] (RIN: 2120–AA64) re- Mr. POMBO: Committee on Resources. 8761. A letter from the Paralegal Spe- ceived June 21, 2004, pursuant to 5 U.S.C. H.R. 646. A bill to expand the boundaries of cialist, FAA, Department of Transportation, 801(a)(1)(A); to the Committee on Transpor- the Fort Donelson National Battlefield to tation and Infrastructure. transmitting the Department’s final rule— authorize the acquisition and interpretation 8768. A letter from the Paralegal Spe- Establishment of Class E Airspace; Ham- of lands associated with the campaign that cialist, FAA, Department of Transportation, resulted in the capture of the fort in 1862, ilton, MT. [Docket No. FAA 2003–16070; Air- transmitting the Department’s final rule— space Docket 03–ANM–05] received June 21, and for other purposes; with an amendment Airworthiness Directives; Lycoming Engines (Rept. 108–563). Referred to the Committee of 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the (formerly Textron Lycoming), Direct-Drive Committee on Transportation and Infra- the Whole House on the State of the Union. Reciprocating Engines [Docket No. 89–ANE– Mr. POMBO: Committee on Resources. structure. 10–AD; Amendment 39–13644; AD 2004–10–14] 8762. A letter from the Paralegal Spe- H.R. 142. A bill to amend the Reclamation (RIN: 2120–AA64) received June 21, 2004, pur- Wastewater and Groundwater Study and Fa- cialist, FAA, Department of Transportation, suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— cilities Act to authorize the Secretary of the mittee on Transportation and Infrastruc- Interior to participate in the Inland Empire Airworthiness Directives; Boeing Model 777– ture. regional water recycling project, to author- 200 Series Airplanes [Docket No. 2003–NM–50– 8769. A letter from the Paralegal Spe- ize the Secretary to carry out a program to AD; Amendment 39–13675; AD 2004–12–15] cialist, FAA, Department of Transportation, (RIN: 2120–AA64) received June 21, 2004, pur- transmitting the Department’s final rule— assist agencies in projects to construct re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; Alexander gional brine lines in California, and to au- mittee on Transportation and Infrastruc- Schleicher GmbH & Co. Segelflugzeugbau thorize the Secretary to participate in the ture. Model ASH 25M Sailplanes [Docket No. 2003– Lower Chino Dairy Area desalination dem- 8763. A letter from the Paralegal Spe- CE–64–AD; Amendment 39–13638; AD 2004–10– onstration and reclamation project; with cialist, FAA, Department of Transportation, 08] (RIN: 2120–AA64) received June 21, 2004, amendments (Rept. 108–564). Referred to the transmitting the Department’s final rule— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee of the Whole House on the State Airworthiness Directives; Dornier Model 328– mittee on Transportation and Infrastruc- of the Union. 100 Series Airplanes [Docket No. 2003–NM–56– ture. Mr. YOUNG of Alaska: Committee on AD; Amendment 39–13674; AD 2004–12–14] 8770. A letter from the Paralegal Spe- Transportation and Infrastructure. H.R. 4056. (RIN: 2120–AA64) received June 21, 2004, pur- cialist, FAA, Department of Transportation, A bill to encourage the establishment of suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— both long-term and short-term programs to mittee on Transportation and Infrastruc- Airworthiness Directives; GARMIN Inter- address the threat of man-portable air de- ture. national Inc. GTX 330 Mode S Transponders fense systems (MANPADS) to commercial 8764. A letter from the Paralegal Spe- and GTX 330D Diversity Mode S Tran- aviation; with an amendment (Rept. 108–565 cialist, FAA, Department of Transportation, sponders [Docket No. 2003–CE–39–AD; Amend- Pt. 1). Referred to the Committee of the transmitting the Department’s final rule— ment 39–13645; AD 2004–10–15] (RIN: 2120– Whole House on the State of the Union. Airworthiness Directives; McDonnell Doug- AA64) received June 21, 2004, pursuant to 5 DISCHARGE OF COMMITTEE las Model MD–11 and –11F Airplanes [Docket U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. Pursuant to clause 2 of rule XII the No. 2003–NM–75–AD; Amendment 39–13668; AD Committee on International Relations 2004–12–09] (RIN: 2120–AA64) received June 21, 8771. A letter from the Paralegal Spe- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, FAA, Department of Transportation, discharged from further consideration. Committee on Transportation and Infra- transmitting the Department’s final rule— H.R. 4056 referred to the Committee of structure. Airworthiness Directives; Boeing Model 737– the Whole House on the State of the 8765. A letter from the Paralegal Spe- 600, –700, –700C, –800, and –900 Series Air- Union and ordered to be printed. cialist, FAA, Department of Transportation, planes Equipped with Certain Honeywell Start Converter Units [Docket No. 2001–NM– transmitting the Department’s final rule— f Airworthiness Directives; Bombardier Model 291–AD; Amendment 39–13640; AD 2004–10–10] (RIN: 2120–AA64) received June 21, 2004, pur- CL–600–2B19 (Regional Jet Series 100 & 440) suant to 5 U.S.C. 801(a)(1)(A); to the Com- Airplanes [Docket No. 2001–NM–321–AD; TIME LIMITATION OF REFERRED mittee on Transportation and Infrastruc- Amendment 39–13633; AD 2004–10–03] (RIN: BILL PURSUANT TO RULE XII ture. 2120–AA64) received June 21, 2004, pursuant to Pursuant to clause 2 of rule XII the 5 U.S.C. 801(a)(1)(A); to the Committee on f Transportation and Infrastructure. following action was taken by the REPORTS OF COMMITTEES ON Speaker: 8766. A letter from the Paralegal Spe- PUBLIC BILLS AND RESOLUTIONS cialist, FAA, Department of Transportation, H.R. 4056. Referral to the Committee on transmitting the Department’s final rule— Under clause 2 of rule XIII, reports of International Relations extended for a period Airworthiness Directives; Eurocopter France committees were delivered to the Clerk ending not later than June 23, 2004.

VerDate May 21 2004 05:26 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\L23JN7.000 H23PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, WEDNESDAY, JUNE 23, 2004 No. 88 Senate (Legislative day of Tuesday, June 22, 2004)

The Senate met at 9:30 a.m. on the SCHEDULE nees who are to be considered on the expiration of the recess, and was called Mr. FRIST. Mr. President, this morn- floor and voted upon. These unanimous to order by the President pro tempore ing we resume consideration of the De- votes clearly will consume valuable (Mr. STEVENS). fense authorization bill. The agreement Senate time and it may be necessary to last night provides for debate on five have these votes into the evening to PRAYER amendments prior to the votes in rela- ensure we process these judicial nomi- The Chaplain, Dr. Barry C. Black, of- tion to those amendments. Those nations. fered the following prayer: amendments are the Corzine amend- Finally, we have an additional 23 am- Let us pray: ment on Reserve retirement, the bassadorships and U.N. Representatives Wondrous Sovereign of the sea, land, McConnell amendment and Kennedy which are now available on the calendar. Included on this list is the nomi- and air, at Your command, oceans and amendment on an Iraq report, the Reed nation of one of our former colleagues, rivers flow and flowers blossom. Moun- amendment on missile defense, and the Jack Danforth, to be our Ambassador tains and hills tremble in Your pres- Byrd amendment on troop cap. to the U.N. These are vitally important ence. Be exalted, O God, among the na- If all debate time on these amend- nominations to act on. We need to do tions. ments is used, we will proceed to a series of votes at approximately 11:15 this that expeditiously. We have had a blan- Bless America. Illuminate its path ket objection to executive nomina- through the night with Your divine morning. I had originally hoped and expected we would be voting on final pas- tions, but I believe these diplomatic light. Bless these gifted Senators to nominations should not be held up for whom You have delegated the chal- sage of the Defense bill this morning. Unfortunately, we have not been able unrelated issues. lenging responsibility of governmental I have heard there may be debate to reach an agreement providing for service. May they exercise their au- necessary on the Danforth nomination. the Senate to complete the bill. There- thority responsibly. Help them to be I hope we can look at a reasonable fore, last night I filed a cloture motion faithful stewards of Your blessings. Re- amount of time, or we will be here late in the event we don’t complete the bill. mind them that they possess nothing at night, or we will have to delay the Our intention is to complete the bill of value that they have not received, start of the recess in order to vote on for every good gift comes from You. this afternoon. If we are unable to complete the De- these important nominations. Protect all who put their trust in You, I yield the floor. particularly the members of our mili- fense bill, that cloture vote would Mr. KENNEDY. Will the leader yield tary. Help those whom You have set occur tomorrow. This is the fourth for a question? upon the sure foundation of Your lov- week of consideration of the Defense Mr. FRIST. Yes. authorization, and it is time for us to ing-kindness. f We pray this in the Name of the One finish the bill. I think we are pro- RECOGNITION OF THE ACTING who lives and reigns with You now and ceeding along those lines. MINORITY LEADER forever. I remind my colleagues that if a clo- Amen. ture vote occurs and the Senate votes The PRESIDENT pro tempore. First, cloture, germane amendments will still the Senator from Nevada is recognized. f be in order in addition to an additional f PLEDGE OF ALLEGIANCE 30 hours of debate. It is vitally impor- FINISHING DOD AUTHORIZATION The PRESIDENT pro tempore led the tant that we consider the Defense ap- Pledge of Allegiance, as follows: propriations bill this week, which will Mr. REID. Mr. President, we on this side want to finish this bill. In fact, I pledge allegiance to the Flag of the ensure our troops have the appropriate United States of America, and to the Repub- resources available to them. We need last night, as we indicated, we agreed lic for which it stands, one nation under God, to begin this appropriations process, to shorten the time to the five amend- indivisible, with liberty and justice for all. and I will be seeking an agreement on ments that are pending. We want to f the Defense appropriations bill this move forward. We feel we can finish week before the recess. this bill. One of the suggestions—and I RECOGNITION OF THE MAJORITY I add we will have additional judicial have not had a chance to talk to the LEADER nominations today and into the managers—but rather than having the The PRESIDENT pro tempore. The evening, if necessary. We need to have votes after this stack, we can have an- majority leader is recognized. those votes. We still have nine nomi- other series of amendments when we

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7203

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.000 S23PT1 S7204 CONGRESSIONAL RECORD — SENATE June 23, 2004 finish debate on these, so we would not I thank the majority leader. We will Warner (for Bennett) amendment No. 3403, be interrupted continually with votes. find how we can deal with this issue to prohibit a full-scale underground nuclear We are going to do everything within over the course of the day. I thank our test of the Robust Nuclear Earth Penetrator our power to complete this bill as leader as well. weapon without a specific authorization of Congress. quickly today as possible. There has f Warner (for Inhofe) amendment No. 3280, to been this contentious issue raised deal- reauthorize energy saving performance con- ing with delaying amendments. This is RESERVATION OF LEADER TIME tracts. not going to hold up this bill. We be- The PRESIDENT pro tempore. Under Warner (for McCain) amendment No. 3442, lieve we can dispose of these amend- the previous order, the leadership time to impose requirements for the leasing of ments in a relatively short period of is reserved. aerial refueling aircraft for the Air Force. Warner (for McCain) Amendment No. 3443, time and go to final passage. The f to impose requirements for the aerial refuel- Leahy amendment should not hold up ing aircraft program of the Air Force. this bill. We have cooperated, we feel, NATIONAL DEFENSE AUTHORIZA- Warner (for McCain) amendment No. 3444, immeasurably. We started out with TION ACT FOR FISCAL YEAR 2005 to restrict leasing of aerial refueling aircraft about 300 amendments, and we have The PRESIDENT pro tempore. Under by the Air Force. completed work on these. We are wait- the previous order, the Senate will re- Warner (for McCain) amendment No. 3445, ing to go. We hope the time is short- to prohibit the leasing of Boeing 767 aircraft sume consideration of S. 2400, which by the Air Force. ened, and we will move forward and do the clerk will report. Levin (for Biden/Lugar) amendment No. the best we can. The legislative clerk read as follows: 3378, to provide certain authorities, require- I apologize to my friend from Massa- A bill (S. 2400) to authorize appropriations ments, and limitations on foreign assistance chusetts. He has a question to ask. for fiscal year 2005 for military activities of and arms exports. The PRESIDENT pro tempore. The the Department of Defense, for military con- Levin (for Byrd) amendment No. 3423, to Senator from Massachusetts. struction, and for defense activities of the modify the number of military personnel and Mr. KENNEDY. Yes. One of the Department of Energy, to prescribe per- civilians who may be assigned or retained in amendments we were considering yes- sonnel strengths for such fiscal year for the connection with Plan Colombia. Armed Service, and other purposes. Levin (for Byrd) amendment No. 3286, to terday was the Reid amendment, of- restrict acceptance of compensation for con- fered on behalf of the Senator from Pending: tractor employment of certain executive Vermont, myself, and other members Bond modified amendment No. 3384, to in- branch policymakers after termination of of the Judiciary Committee, about get- clude certain former nuclear weapons pro- service in the positions to which appointed. ting certain reports we have not been gram workers in the Special Exposure Co- Levin (for Corzine) amendment No. 3303, to able to receive yet. I am wondering, hort under the Energy employees Occupa- amend title 10, United States Code, to reduce since it is still in order, whether we are tional Illness Compensation Program and to the age for receipt of military retired pay for provide for the disposal of certain excess De- nonregular service from 60 to 55. going to have an opportunity to ad- partment of Defense stocks for funds for that Levin (for Daschle) amendment No. 3328, to dress that issue in a short time discus- purpose. require the Secretary of the Air Force to sion or debate, or is it the position of Reed amendment No. 3353, to limit the ob- maintain 3 additional B–1 bomber aircraft, in the majority leader that we are not ligation and expenditure of funds for the addition to the current fleet of 67 B–1 bomber going to have an opportunity to have Ground-based Midcourse Defense program aircraft, as an attrition reserve for the B–1 that amendment offered and considered pending the submission of a report on oper- bomber aircraft fleet. ational test and evaluation. Levin (for Daschle) amendment No. 3330, to and voted on and disposed of? authorize the provision to Indian tribes of Mr. FRIST. Mr. President, in re- Bingaman Amendment No. 3459, to require reports on the detainment of foreign nation- excess nonlethal supplies of the Department sponse, through the Chair, that discus- als by the Department of Defense and on De- of Defense. sion continued last night with the partment of Defense investigations of allega- Levin (for Dayton) amendment No. 3203, to managers as to how that particular tions of violations of the Geneva Convention. require a periodic detailed accounting of amendment is handled. What we did do Warner amendment No. 3460 (to amend- costs and expenditures for Operation Iraqi last night, so we can continue business, ment No. 3459), in the nature of a substitute. Freedom, Operation Enduring Freedom, and is agree upon the five we laid out. No Feingold modified amendment No. 3288, to all other operations relating to the Global rename and modify the authorities relating War on Terrorism. commitments have been made, at least Levin (for Dodd) amendment No. 3311, re- from the leadership level, in terms of to the Inspector General of the Coalition Provisional Authority. lating to the imposition by the Department particular amendments that are out Landrieu/Snowe amendment No. 3315, to of Defense of offsets against certain contrac- there. amend title 10, United States Code, to in- tors. Levin (for Dodd) amendment No. 3310, to So I suggest right now, or after you crease the minimum Survivor Benefit Plan amend the Federal Law Enforcement Pay complete your remarks, getting to- basic annuity for surviving spouses age 62 Reform Act of 1990 to adjust the percentage gether with the managers of the bill. and older, and to provide for a one-year open differentials payable to the Federal law en- season under that plan. Right now the only agreement is we forcement officers in certain high-cost areas. Reid (for Daschle) amendment No. 3409, to will continue straight ahead with these Levin (for Feingold) amendment No. 3400, assure that funding is provided for veterans five amendments and keep the ball to enable military family members to take health care each fiscal year to cover in- rolling. leave to attend to deployment-related busi- creases in population and inflation. Mr. KENNEDY. Mr. President, I ness and tasks. Ensign amendment No. 3467 (to amendment Levin (for Graham (FL)) amendment No. thank the majority leader for his will- No. 3315), to provide a fiscally responsible ingness to move ahead. There are a 3300, to amend the Haitian Refugee Immigra- open enrollment authority. tion Fairness Act of 1998. number of us who are going to insist Daschle amendment No. 3468 (to amend- Levin (for Leahy) amendment No. 3388, to we at least have an opportunity to ment No. 3409), to assure that funding is pro- obtain a full accounting of the programs and offer that amendment and address it at vided for veterans health care each fiscal activities of the Iraqi National Congress. some time. I know I can speak for the year to cover increases in population and in- Levin amendment No. 3336, to authorize Senator from Vermont, and he would flation. the demolition of facilities and improve- Reid (for Akaka) amendment No. 3414, to ments on certain military installations ap- be willing to enter into a short time provide for fellowships for students to enter agreement. It is a matter of enormous proved for closure under the defense base clo- Federal service. sure and realignment process. importance and consequence involving, Reid (for Leahy) amendment No. 3387, rel- Levin (for Kennedy) amendment No. 3201, we believe, the security of American ative to the treatment of foreign prisoners. to assist school districts serving large num- troops because that is what the Geneva Warner (for Lott) amendment No. 3220, to bers or percentages of military dependent Conventions are all about: protecting repeal the authority of the Secretary of De- children affected by the war in Iraq or Af- American troops. fense to recommend that installations be ghanistan, or by other Department of De- It is important on an issue of this im- placed in inactive status as part of the rec- fense personnel decisions. portance and consequence that we ommendations of the Secretary during the Levin (for Kennedy) amendment No. 3377, 2005 round of defense base closure and re- to require reports on the efforts of the Presi- move toward final conclusion, that we alignment. dent to stabilize Iraq and relieve the burden have a resolution of that issue. As a Warner (for Bennett/Hatch) amendment on members of the Armed Forces of the matter of fact, it is, I believe, impera- No. 3373, to provide for the protection of the United States deployed in Iraq and the Per- tive. Utah Test and Training Range. sian Gulf region.

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.003 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7205 Levin (for Reed/Kohl) amendment No. 3355, think it is time we recognize that and time, and our policies need to change. to ensure the soundness of defense supply made some adjustments to 50-year-old We have a 50-year-old policy, one that chains through the support of Manufacturing policies. does not even match up with our civil- Extension Partnership centers that improve Considering the demands we are plac- ian retirement age. I think our Na- the productivity and competitiveness of small manufacturers; and to clarify the fis- ing on our ready Reserve right now, tional Guard and Reserve units have cal year 2004 funding level for a National In- not only do they make up 46 percent of made an unbelievably important constitute of Standards and Technology ac- our uniformed Armed Forces personnel, tribution, and we need to reflect that count. they are especially important in areas in our policies as we go forward. The PRESIDENT pro tempore. The of expertise most pertinent to the sta- That is what this amendment is Senator from Virginia. bilization and nation-building missions about. I know the problems facing the Mr. WARNER. I thank the Chair. in Iraq and Afghanistan. Guard and Re- Guard and Reserve because I have Mr. President, I see the proponent of serves count for 97 percent of military talked with a lot of these folks myself. the first amendment on the floor, and civil affairs units—think of what we There are 303 Guard and Reserve mem- we are prepared to engage. So at this are using them for in Afghanistan—and bers from my State of New Jersey who time, I yield the floor. 70 percent of engineering units. Think are over the age of 55, fifty-five of The PRESIDENT pro tempore. The of what we are trying to do with regard whom have already been deployed. Ad- Senator from New Jersey. to reconstruction in both Afghanistan ditionally, there is a large swath of AMENDMENT NO. 3303 and Iraq. And 66 percent of our mili- folks in that 45-to-55 age bracket. Mr. CORZINE. Mr. President, I call tary police. These people would like to have re- up amendment No. 3303 and ask for its As a matter of fact, they just called sponses. immediate consideration. up a National Guard unit in my home To make this a little more personal, The PRESIDENT pro tempore. The State of New Jersey. They sent out 2 weeks ago Saturday, we lost Guard amendment is pending. The Senator is about 100 folks to Guantanamo. It is folks in Iraq. One was 51, and one was recognized. incredible how we are using over and 46. These were people who had made Mr. CORZINE. Mr. President, I ask over our Guard and reservists for the long-term commitments to serve our unanimous consent that Senator MUR- very functions we need in the new Nation. They were wonderful people RAY from Washington be added as a co- world we are facing. with great life stories about how they sponsor. As we all know, mobilization is up participated in the community. The PRESIDENT pro tempore. With- dramatically. More than 160,000 Re- I went out to Walter Reed, and there out objection, it is so ordered. serve personnel are now on active duty. were seven of New Jersey Guard folks Mr. CORZINE. Mr. President, this Last year, the number of Reserves was who were injured in the same firefight. amendment is very simple, but very more than 400 percent what it had been You do not meet braver people, and important for those who serve us so 4 years earlier—a 400-percent increase they are performing and sacrificing the well and so ably across the globe. It is in the number of reservists on duty rel- same way our other troops are. They an amendment that will lower the re- ative to 4 years ago. Again, the number have a contingent risk, and they have tirement age for National Guard and of deployments is exploding, whether it all kinds of interference in their lives. Reserve troops from 60 to 55. During is in Haiti, Afghanistan, Bosnia, or Why are we not addressing some of the this critical time when so many mem- Kosovo. Name it, that is where we are fundamental needs these individuals bers of the Guard and Reserve are serv- using these folks day in and day out. have that are at least the same as our ing bravely in Iraq, Afghanistan, and Reservists are serving longer dura- civilian employees? I feel passionately elsewhere, I think this is the least we tions as well. Last year the average du- that we need to respond to what has can do. ration was 319 days for the reservists changed in how we operate our mili- We are moving the retirement age to and guardsmen. That, by the way, only tary forces as we go forward. match up with the civilian retirement included those who completed their as- I understand the budgetary consider- age in the country. The current retire- signments. That is looking at the folks ations. I know there are reasons that ment age was established 50 years ago who had been sent back home. That push this back, but we need to put at a time when it neared civil service does not take into account the ex- faces to these individuals and under- retirement age. In the intermediate tended time many of those on call are stand it. By the way, there are good time, we have lowered civil service reserving. personnel management policies and if tirement age to 55, but we left Guard With some 140,000 troops currently there are these earlier retirements peo- and Reserves at 60. It does not make serving in Iraq and 40 percent of Guard ple are not staying around longer than sense that we are treating civilian Fed- and Reserves, it is clear we are relying they would otherwise so that they eral employees differently than we are more and more on these brave Ameri- could get the benefits they want to treating reservists, particularly, I will cans, more than at any time in the re- have and there could be a greater flow point out, in a changed security situa- cent past. and help recruiting; lots of good rea- tion. The next chart I have demonstrates sons that are independent of the Because the world has changed so one component of our Reserve forces, change in policy in activation and use dramatically since the cold war, our the Army National Guard. By the way, of our Reserve Forces. It is something Guard and Reserves have a very dif- in New Jersey, we have about 7,000 of I have a hard time understanding. ferent role today than they did during the 9,000 National Guard folks on call, I have some other things in here. We that time period. I have a chart that just as a backdrop—7,000 out of the can talk about stop-loss orders and shows in stark terms what has actually 9,000. Until the end of 2002, the number how that has impacted the lives of so happened with deployment of our of mobilized personnel was relatively many of the military folks who are ex- Guard and Reserve members. This is stable at 20,000, which is what we see tending their terms of duty. I think the number of major contingencies and on this chart. After that, it exploded there are about 16,000 reservists who operations with Reserve participation. upward. It was about 70,000 when I last are under this new policy because of From 1953 to 1990, there were 11 callups. brought up this proposal when we were our needs as a nation, and those are From 1991 to 2001, there were 50. I think discussing the Iraq supplemental last perfectly reasonable. We are not argu- all of us know how seriously our Guard year, and it is up 20,000 which, by the ing about whether that was the right and Reserve are involved in Iraq and way, was in the October period, and or wrong thing to do. It needed to be Afghanistan. now it has gone up another 24,000, to al- done. It had to be done. It was an exi- They truly have become an integral most 95,000 National Guard personnel gency that needed to be done, but we part and contributor of our Nation’s mobilized in the service of the Nation. ought to reflect that in our policies. defense on the front lines. Not coming It is clear our Reserve forces are no We need to change policies when cir- into the Reserve training centers once longer a part-time force. This is not cumstances have changed. a month, 2 weeks on a summer’s day, sideline work. We have entered a new Finally, this is one of those things but they are on the front lines defend- era where a larger number of troops that the people who represent our mili- ing America day in and day out, and I will be deployed for long periods of tary men and women in the Reserves

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.006 S23PT1 S7206 CONGRESSIONAL RECORD — SENATE June 23, 2004 and Guard are absolutely almost 100 the Senate bill is still have a process health care program could be as high percent behind. The military coalition, but have it delayed to the 2006 and 2008 as $427 million in the first year should including the Reserve Officers Associa- elections. The House bill on Defense this matter be enacted, and $6.8 billion tion, Veterans of Foreign Wars, Air authorization has done exactly the op- over the coming 10 years. So both the Force Sergeants Association, the Air posite and instead has cut out any kind retirement costs as well as the health Force Association, Retired Enlistment of pilot study on Internet voting for care costs have to be added in if the Association, Fleet Reserve, Naval Re- overseas military. Senate wants to look at the total fi- serve Association, National Guard As- I hope when we get to conference nancial impact of the initiative by my sociation, all of these people feel that we will insist on the Senate provi- friend from New Jersey. strongly that this is one of their top sion. The Senate considered this identical priorities. I thank the Senator for yielding. amendment less than a year ago. Sen- There are others. We can talk about The PRESIDENT pro tempore. The ator CORZINE once before introduced it health care, the demonstrations of it Senator yields for a question. The Sen- during debate on the Emergency Sup- and a number of issues. But why are we ator from New Jersey has the floor. plemental Appropriations Act for Iraq staying with a 50-year-old policy that Mr. CORZINE. I yield the floor. and Afghanistan in October of 2003. The The PRESIDENT pro tempore. The is not even as reflective of retirement amendment fell on a budgetary point of Senator has 2 minutes remaining. needs of people who are risking their Mr. WARNER. Mr. President, if I order failing to achieve even 50 votes. The Department of Defense has lives to protect Americans as we are might just speak personally, I served in voiced strong objection to the amend- with our civilian employees? I am not the Reserves some 12, 14 years and we ment, citing studies and experience criticizing what our policy is for our ci- knew what we had as our obligation showing that lowering the Reserve re- vilian employees in the Federal Gov- when we signed up. That is the way it ernment. We ought to reflect the fact has been throughout our contemporary tirement age to 55 would not help the that we are using these folks on a reg- military history. services meet recruiting, retention, or ular basis. The deployments are up. I share with the Senator how the Re- force management objectives. DOD ad- The numbers are up and they are serv- serves and the Guard with their fami- vises that, in fact, 80 percent of those ing at great risk for us. lies have borne the brunt of battle in who would benefit from this amend- I think this is one of those things we the same way as the regular forces, but ment have already retired. can do to actually change the lives of bear in mind that the regular forces, Let me be clear that my opposition their families and reflect those sac- which are given an option for early re- to this amendment does not reflect any rifices they are making for us, and that tirement, have to put in a minimum of implied criticism of the patriotic serv- is why I am asking for the support of 20 full years of obligated service. If we ice being rendered by the Reserve and the Senate with regard to changing the continue to narrow the differences be- the Guard. Once again, however, we are retirement age. tween the pay and benefits for the Re- seeing a proposal to change a well-es- Mr. NELSON of Florida. Mr. Presi- serves and Guard and the Regulars, tablished condition of military service, dent, will the Senator yield? pretty soon people will say, let’s opt one all of those who go into the Re- Mr. CORZINE. Yes. for the Reserve or the Guard rather serves fully understand at the time Mr. NELSON of Florida. Mr. Presi- than spend 20 years of our lives to gain they commit to service. Should this dent, how much time does the Senator those benefits that Congress accords amendment be passed, we are incurring have remaining? our people. an enormous financial impact on this The PRESIDENT pro tempore. There For that reason, I intend to raise a bill and the outyear budget of the De- is 4 minutes. budgetary point of order with respect partment of Defense. Mr. NELSON of Florida. Mr. Presi- to Senator CORZINE’s amendment on In response to the claim that the dent, if the Senator will yield, I say to that very point. The amendment would greater reliance on the Reserve compo- the Senator that I think he is right on. allow eligible reservists to be able to nent calls for increased rewards, please In my State of Florida, we have the collect retirement pay at age 55 instead keep in mind the enhanced health care same experience and the very same sta- of age 60. That would be an extremely benefits included in this legislation al- tistics that he has pointed out with re- costly change to implement. CBO has ready as a result of the work of Sen- gard to New Jersey. This is not what estimated it would increase mandatory ator GRAHAM of South Carolina. Con- was originally contemplated for the spending in 2005 by $1.7 billion. It sider also Senator HARRY REID’s Guard and the Reserves, and because of would cost $8.2 billion in mandatory amendment on current receipt and their specialties, because there is not spending over the coming 5 years and Senator LANDRIEU’s pending amend- enough of the Active-Duty Force, they $16 billion over the coming decade. ment, should that be adopted, that have become, in effect, a full-time ac- Those are very major costs. would enhance the Survivor Benefit tive-duty force. I bring to the attention of my col- Program. That is a broad range of ben- The good news is they are profes- leagues that already in this bill we efits going to the Reserve and Guard sionally trained warriors, as much as have added, by way of amendments, an and others. These amendments equally the Active-Duty force. The bad news is, additional $1 billion in direct spending, benefit the Guard and Reserve retiree this is not what they bargained for in and discretionary spending is at $10 bil- population, the same individuals who the Reserves and the National Guard, lion. So this bill goes up and up and up, would benefit from the pending amend- because they have their own civilian and it is going to the point where it ment of the Senator from New Jersey. lives. So I appreciate the Senator offer- might well become so top heavy we As I say, we currently added over $10 ing this amendment. I support it. cannot persuade our colleagues to sup- billion in discretionary spending to If the Senator is finished with his port it and/or the administration as this legislation on top of benefits we comments, I will take 30 seconds and they look at the overall budgetary as- also increased in the underlying bill point out one of the differences be- pects of our financial projections for itself in committee. tween the Senate bill and the House defense. In response to the assertions that the bill on something we tried to address in Keep in mind there are additional role of the Guard and Reserve is chang- 2001, after the debacle we had in the costs that are incurred—I did not hear ing and the enhanced retirement bene- 2000 Presidential election in Florida, the Senator address these—regarding fits are needed, let me point out there where there was an inconsistency of health care for retired reservists that is in the underlying bill a requirement the application of State laws on to the would be caused by this amendment. for a commission on the National counting of military overseas ballots in The amendment would have the effect Guard and Reserve that would have the the Presidential election. of lowering to 55 the age at which a re- responsibility of examining the roles One of the things we did was start a servist retiree or his or her dependents and missions of the Guard and Reserve, pilot study for Internet voting of over- would become eligible for medical cov- and specifically to ‘‘assess the ade- seas military. There was some concern erage under TRICARE. quacy and appropriateness of the com- that fraud could be injected into Inter- The Department of Defense estimates pensation and benefits currently pro- net voting. So what we have done in that the added costs to the defense vided for the members of the National

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.009 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7207 Guard and reserve components’’ and The PRESIDING OFFICER. The Sen- (6) A description of the efforts of the ‘‘to assess the effects of proposed ate will now consider a McConnell United States and coalition forces to assist changes in compensation and benefits amendment and a Kennedy amend- in the reconstruction of essential infrastruc- on military careers in both regular and ment, No. 3377, concurrently, for a ture of Iraq, including the oil industry, electricity generation, roads, schools, and hos- reserve components.’’ total of 30 minutes equally divided. pitals. I anticipate that this commission Mr. WARNER. Mr. President, I did (7) A description of the efforts of the will provide important insights to the not hear. I was unable to hear the Pre- United States, coalition partners, and rel- Congress in the continuing debate over siding Officer. Will he repeat it. evant international agencies to assist in the these issues. The PRESIDING OFFICER. We now development of political institutions and In summary, the Department of De- go to the McConnell and Kennedy prepare for democratic elections in Iraq. fense simply cannot continue to absorb amendments, concurrently, with 30 (8) A description of the obstacles, including mandatory spending directives that minutes equally divided. financial, technical, logistic, personnel, political, and other obstacles, faced by NATO drive the cost of military personnel, Mr. WARNER. I thank the Chair. AMENDMENT NO. 3472 in generating and deploying military forces both Active and Reserve, to levels we out of theater to locations such as Iraq. simply cannot support at the same The PRESIDING OFFICER. The clerk will now report the McConnell The PRESIDING OFFICER. Who time we are trying to modernize, and yields time? The Senator from Massa- also the operational costs of the mili- amendment which has not yet been reported. chusetts. tary today. Mr. KENNEDY. Mr. President, as I I urge you to reject this amendment The legislative clerk read as follows: The Senator from Virginia (Mr. WARNER), understand the floor managers, we on the point of order. have a half hour, and that time is di- At this point in time, the pending for Mr. MCCONNELL, proposes an amendment numbered 3472. vided between the Senator from Ken- amendment offered by Senator CORZINE The amendment is as follows: tucky and myself. We have two dif- increases mandatory spending and, if ferent amendments. At some time at adopted, would cause the underlying On page 247, between lines 13 and 14, insert the following: the leadership’s discretion we will have bill to exceed the Armed Services Com- SEC. 1022. REPORT ON THE STABILIZATION OF an opportunity to vote on those. The mittee’s section 302 allocation. There- IRAQ. asking for the yeas and nays still is yet fore, I raise a point of order against the Not later than 120 days after the date of to be done, but it is certainly my in- amendment pursuant to section 302(f) the enactment of this Act, the President tention to do so. of the Congressional Budget Act of shall submit to the congressional defense Mr. President, I yield myself now 5 committees an unclassified report (with clas- 1974. minutes. The PRESIDING OFFICER (Mr. sified annex, if necessary) on the strategy of the United States and coalition forces for I want to address an issue that came ENZI). The point of order is not timely stabilizing Iraq. The report shall contain a up yesterday just prior to making the until all time has expired. detailed explanation of the strategy, to- comments on my amendment because I Mr. WARNER. I realize that. I gether with the following information: do think it is of importance, as we are thought all time had expired on the (1) A description of the efforts of the Presi- reaching the final hours in the delib- other side. I was about to yield back dent to work with the United Nations to pro- eration of the Defense authorization my time. Is that not correct? vide support for, and assistance to, the tran- bill, to make a comment on a par- The PRESIDING OFFICER. The Sen- sitional government in Iraq, and, in particular amendment. This is effectively ator from New Jersey has 1 minute 51 ticular, the efforts of the President to negotiate and secure adoption by the United Na- the Leahy amendment which is sup- seconds remaining. tions Security Council of Resolution 1546. ported by a number of the members of Mr. CORZINE. I will yield back my (2) A description of the efforts of the Presi- the Senate Judiciary Committee. time, but pursuant to section 904 of the dent to continue to work with North Atlan- I understand there is a reluctance on Congressional Budget Act of 1974, I tic Treaty Organization (NATO) member the other side of the aisle among Re- move to waive the applicable sections states and non-NATO member states to pro- publican leadership—not necessarily of the act for purposes of the pending vide support for and augment coalition the chairman of our Armed Services amendment. forces, including efforts, as determined by Committee but of the Republican lead- I ask for the yeas and nays. the United States combatant commander, in ership—voting on it. The PRESIDING OFFICER. Is there a consultation with coalition forces, to evaluate the— I want to mention very briefly as we sufficient second? (A) the current military forces of the are coming into the final hours of the Mr. WARNER. The pending amend- NATO and non-NATO member countries de- consideration of the legislation, the ment offered by the Senator increases ployed to Iraq; importance of the consideration of that mandatory spending if adopted and (B) the current police forces of NATO and particular proposal. I am very con- would cause the underlying bill to ex- non-NATO member countries deployed to cerned that our Senate Republican ceed section 302. Therefore, I once Iraq; and friends are effectively stonewalling the again raise the point of order against (C) the current financial resources of release of the Justice Department the amendment, pursuant to section NATO and non-NATO member countries provided for the stabilization and reconstruc- memorandum on the torture of pris- 302(f) of the Congressional Budget Act. tion of Iraq. oners, and specifically the majority I yield back my time and ask for the (3) As a result of the efforts described in leader has filed cloture on the Defense yeas and nays. paragraph (2)— bill in hopes of preventing a vote on an The PRESIDING OFFICER. Is there a (A) a list of the NATO and non-NATO amendment that would require the re- sufficient second? member countries that have deployed and lease of the Justice Department docu- There appears to be. will have agreed to deploy military and po- ments. The yeas and nays were ordered. lice forces; and The administration released a hand- The PRESIDING OFFICER. The vote (B) with respect to each such country, the ful of documents yesterday, but the will occur at the appropriate time. The schedule and level of such deployments. (4) A description of the efforts of the materials are far from complete. This Senator from Michigan. United States and coalition forces to develop is not a partisan issue; it is a constitu- Mr. LEVIN. The vote will then occur the domestic security forces of Iraq for the tional issue. on the waiver? internal security and external defense of It is required by our oath of office to Mr. WARNER. That is correct. And Iraq, including a description of United States preserve, protect, and defend the Con- the votes, again, for colleagues who plans to recruit, train, equip, and deploy do- stitution of the United States. The ad- might not have followed the majority mestic security forces of Iraq. ministration has shown a stunning dis- leader and Democratic whip’s com- (5) As a result of the efforts described in regard for the law and the usual rights ments, are to be stacked at approxi- paragraph (4)— of oversight, resorting time and time mately 11:30, at which time we will pro- (A) the number of members of the security forces of Iraq that have been recruited; again to saying that we are at war. ceed to all votes. (B) the number of members of the security We are not under martial law in this Will the Chair advise the Senate with forces of Iraq that have been trained; and country. The laws and the Constitution regard to the next amendment in order (C) the number of members of the security are not suspended because we are at and the time allocated to each side? forces of Iraq that have been deployed. war. The actions of the administration

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.011 S23PT1 S7208 CONGRESSIONAL RECORD — SENATE June 23, 2004 and questionable advice by the Justice As a result of the President’s efforts, are making in terms of help and assist- Department contradict the founding we want to know the number of police ance from other countries around the principles of this country. Our country and military forces in Iraq that have world—not only in terms of getting is not above the law. The President is been recruited for policing and for the support for troops and financial sup- not above the law. The Attorney Gen- military—the numbers of members of port but also help in assisting and get- eral is not above the law. The Justice the police and military forces that ting information to the American peo- Department is not above the law. The have been trained. We want a descrip- ple with regard to the development of Bush administration cannot continue tion of the anticipated U.S. military police forces and the training of those to refuse to reveal memoranda because force posture in the region during the forces. we are at war and because he does not next year, including the estimate—I Those are essential elements in want to. This is a precedent that could underline the word ‘‘estimate’’—of the terms of Iraqi policy. The American dangerously undermine our system of numbers of members of the Armed people are entitled to this. laws and government as we know them. Forces that will be required to serve in I withhold the remainder of my time. I believe the Senate itself is on trial. Iraq during the next year. That is what The PRESIDING OFFICER. Who We have a constitutional and an oath we are asking for, effectively. yields time? of office responsibility to prevent this We are talking about planning, which The Senator from Kentucky. stonewalling of required account- the military does. Every year they Mr. MCCONNELL. Mr. President, the ability. If we look the other way and have to submit a 5-year plan in terms Kennedy amendment is little more refuse to take action, then we are of troops for the military. They have than an effort to undermine the Presi- complicit in the gross violation and the Quadrennial Defense Review where dent and further the myth that our ef- abuse of all that makes this country they talk about the planning in terms forts to bring stability and democracy great. of the troops and the needs in terms of to Iraq are somehow unilateralist. America’s Constitution is not a docu- the troops. It is past time for some Senators to ment of convenience to be followed What we are trying to find out is stop pretending that we are ‘‘going it only when we feel like it. It represents what is the best estimate. We are ask- alone’’ in Iraq. Neither the liberation our best ideals as a democracy and pro- ing for the estimate, and we are asking of Iraq nor our efforts today could be tects our freedoms. I hope the Senate for that estimate 30 days after the bill characterized by anyone with a rudi- will uphold the Constitution and de- becomes law. We hope this bill is going mentary understanding of mathe- mand accountability for the prison to come to a conclusion in the next 2 matics as unilateral. abuses that are so contrary to all we days. It then will go to conference. All To begin with, the United States was stand for as a nation. I will have more of us are very hopeful and expect it will merely a part of a coalition of 19 coun- to say on that later in the day. be concluded prior to the time of the tries that toppled Saddam Hussein and The amendment which I offer on be- summer recess. Then the administra- liberated Iraq. In contrast, the United half of myself, the Senator from West tion will have 30 more days in order to States joined only 16 other nations dur- Virginia, Mr. BYRD, the Senator from make this kind of estimate and report. ing World War II. Michigan, Mr. LEVIN, Mr. LEAHY, and We will certainly know, since the Nineteen is more than one. It is more Mr. FEINGOLD, is a very simple amend- President will return in the next sev- than a couple. It is more than a few. It ment. Effectively, we understand that eral days, we will be able to make that is a lot. Nineteen countries are more the President now is going to the EU kind of estimate. than most Americans will visit during and then to NATO. During that period Then we are asking: All right. Give their lifetimes. of time, he will be asking our inter- us that information in 30 days, and The liberation of Iraq was less unilat- national allies and friends to partici- level with the American people. Let eral than the French opposition to it. pate and help offload some of the very the American people know. People ask: Since liberation, the administration heavy burden that Americans are bear- Why should we do this? It is because we has worked to bring more nations into ing in Iraq, the most notable being the have 140,000 American reasons to do it. Iraq to help stabilize and reconstruct loss of life which exceeds 95 percent of That represents the American troops that country. Currently, 34 nations are the lives that are lost, and over 96 per- over there. That is the reason to do it. providing military and security forces cent in terms of the casualties and the The American people are entitled to an to assist the Iraqis in defending their extraordinary expenditure of American estimate within 30 days, and then the newly free country from the insurgents taxpayers’ funds, what I think will follow-on and update of that in 6 and terrorists. come out well in excess of $4 billion a months. The international commitment to month. Americans who have members of Iraq has grown. Today the South Ko- We also ought to know the sched- their families serving over there are rean President announced that his uling in some detail for the develop- entitled to this information. The country will push ahead with the de- ment of internal security—primarily American people are entitled to this ployment of 3,000 soldiers, despite the police—and what is being done inside information. savage beheading of a South Korean the country and outside the country, There is ample precedents where we citizen in Iraq this very week. and what is being done in terms of have required similar information in Although the junior and senior Sen- other countries around the world in the Defense authorization—before ators from Massachusetts have both di- helping, assisting, and offloading the going into the Balkans. minished the role that NATO countries burden on American service men and This is a matter of estimates. It is a are playing in Iraq, it is worth noting women who are caught in the bull’s eye matter of information. It is a matter of that 17 of these countries are members over in Iraq. giving the American people the best in- of NATO. NATO is involved in Iraq. It Many, including myself, find it is formation we have. is also involved in Afghanistan. Both going to be extremely difficult to re- We have heard all kinds of estimates efforts are integral to our global war move the concept of occupation as long over all periods of time. We heard esti- against terrorism. as we are the only ones who are in- mates yesterday by Mr. Wolfowitz Currently, 6,000 NATO troops from 25 volved in the security issues in Iraq. talking about the American forces may nations are participating in the Inter- This amendment is the result of ef- be in there for years. national Security Assistance Force in forts by the President. We are asking The American people are entitled to Afghanistan. There are over 8,000 for- for a list of countries that are com- know what exactly this administration eign troops there, representing over mitted to deploying military and po- and this Defense Department, to the half of the 15,000 non-Afghan forces in lice forces. With respect to each coun- best of their information, can provide Afghanistan. try and the level of such deployment, and should provide for the American Now, the President’s critics argue we are asking for the scheduling of pro- people. that NATO should be more involved, viding such assistance—that would be It is a simple amendment. It helps es- that the international community economic aid—and effectively when tablish some benchmark for which we should be more involved. We all wish that assistance will come. can measure the kind of progress we we had more help in Iraq. I wish we had

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.013 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7209 more help in Afghanistan. I applaud contributions, we are also cognizant of mates of the number of American the President’s recent efforts to secure its limitations. European nations spend troops that are going to be there. The passage of a new Security Council reso- on average about 2 percent of their American families are entitled to that lution that endorses the new Iraqi gov- gross domestic production on defense. information. The families who have ernment’s democratic transition and to Of that money, a majority is spent on service men and women over there, encourage NATO to provide greater as- personnel costs and benefits. Rel- whether they are in the Regular Army, sistance. Predictably, Jacques Chirac atively little is spent to modernize or Reserves, or Guard, are entitled to an opposed a NATO greater role. Given sustain the equipment, weapon sys- estimate. They ought to be able to get that NATO operates on the basis of tems, and logistic capabilities of NATO an estimate. It is amazing that the consensus, Chirac’s unilateral opposi- militaries. Senator from Kentucky will not even tion will likely block NATO authorized Many NATO countries cannot gen- include an estimate about the number deployments. erate sufficient forces or sustain their of American troops that are going to be There are two principle barriers to deployment outside of the European there. Not even an estimate. greater international participation. It theater. They lack the weapons, the Mr. WOLFowitz stated yesterday, is important to focus on this. First, a aircraft, the logistics, transportation, when he testified in the House, in re- number of countries, frankly, did not and supply capabilities the United sponse to Mr. SKELTON, that, No, we want democracy to take hold in Iraq. States has. Because of these limita- are not stuck. The U.S. strategy in Iraq They do not like the idea that Iraq tions, many nations have decided to is clearly to develop Iraqi forces. may become a democracy. Some na- contribute to Iraq’s future by providing The Senator from Kentucky and I tions are threatened by the march of economic, humanitarian, or other agree, we are asking for progress and freedom. forms of assistance to the liberated estimating the progress in developing Mr. WARNER. Mr. President, I am Iraqis. According to the Department of the security force and the police force. going to ask the Senator to yield mo- the Treasury, the 10 largest donors to We agree with that. But he said the mentarily to the managers for the pur- Iraq have offered nearly $8 billion in U.S. strategy in Iraq clearly is to de- pose of a unanimous consent request, assistance. In addition, 29 donors have velop an Iraq that can take over secu- which is concurred in by the leader- offered hundreds of millions more in fi- rity from U.S. and allied troops. That ship, without charging the time nancial aid, and 16 more have offered is the policy. What is wrong with asking the esti- against the debate of this amendment. in-kind assistance. Mr. President, on behalf of the lead- Even if significantly more inter- mated time? What in the world is wrong with asking how long will it ership, I submit the following request: national troops could be deployed to take, and get us a report 30 days after Currently, we are debating five votes Iraq, their deployment would not be a this bill? If that will not be accurate, with the understanding that at the substitute for the long-term security give it to us 6 months after that. If conclusion of those votes, and possibly needs of that country. These needs can that does not help, give us 6 months yielding back some time, a sequence of only be met by Iraqi security forces. after that. Why in the world is there a five votes will commence. I am now There are clearly problems and chal- reluctance to level with the American asking unanimous consent that se- lenges. The Iraqi security forces need people about the amount of forces we quence of five votes be delayed until training, they need equipment, and we are going to have over there? 1:45 and that at the conclusion of the will be providing it. We will be recruit- The Senator from Kentucky includes debate on the five scheduled votes, pur- ing, training, and equipping Iraqis to reporting on the amounts of resources suant to regular order, we return to the defend Iraq from external attack and that will come from other countries. first pending amendment at the desk, from internal subversion. These Iraqis, He includes in his amendment the which is the Bond amendment, and pro- far more than foreign troops, will de- training of the personnel, the security ceed to debate that amendment. termine the future of that country. personnel, the police force. He gets a Mr. REID. Mr. President, reserving The long-term solution to Iraqi secu- report on that. Why in the world do we the right to object, we on this side ex- rity does not lie with the U.S. military. prohibit the families who are serving press our appreciation to the two man- It does not lie with the U.N. or with over there, and the American people, agers for this arrangement. It will be NATO. It lies with the Iraqi people. We from having an estimate about the most helpful to everyone, and it will must be committed to supporting them amount of troops going over there? help us see the end of this bill. We will and their efforts to bring stability and Now we had that. We did that before. have other amendments after we finish security to their own country. This is not something that is enor- the Bond amendment. I commend the soldiers of the U.S. mously new. In the 1995 Defense au- No objection. military and those 32 other nations thorization bill, Congress required a re- The PRESIDING OFFICER. Without currently serving in Iraq for their port that had to include 11 elements, objection, it is so ordered. brave efforts to bring peace to a trou- including: estimates of the total num- The Senator from Kentucky. bled land. ber of forces required to carry out the Mr. MCCONNELL. Let me start by I yield the floor. operation, estimates on the expected saying there are two principle barriers The PRESIDING OFFICER. The Sen- duration of the operation, an estimate to greater international participation. ator from Massachusetts. of the cost of the operation, and an as- First, there are a lot of countries that Mr. KENNEDY. Mr. President, we are sessment of how many Reserve units did not want democracy to take hold in all grateful for the participation of would be necessary for the operation. Iraq. They are not democratic them- other countries around the world in That was passed here. I do not know selves, and they do not want any de- Iraq. But the facts remain, when all is whether the Senator from Kentucky mocracies in the neighborhood. said and done, the estimate by the De- voted against that. I do not hear him Second, some nations are threatened fense Department is that 96.9 percent saying: We had that in 1995, and I voted by the march of freedom. Others had fi- of the casualties are U.S. forces and 97 ‘‘no’’ because we can’t do that sort of nancial interests in the former Saddam percent of nonhostile casualties are thing here. Hussein regime. Some nations would U.S. forces. We are grateful for the We have done that before in Bosnia. not contribute troops unless we were to other countries, but the burden is on Is Iraq less important than Bosnia? We cede control in Iraq to the U.N., a pros- the U.S. forces. were prepared to do that in Bosnia, and pect most Americans recognize as a I will mention what the difference is it got the virtual unanimous support of dangerous fantasy. At such a price, between the amendment of the Senator the Members of this body at that time. their assistance is not worth the tre- from Kentucky and my amendment, And we are not prepared to do it in mendous risk placing American secu- our amendment. There are only two Iraq? I am confused. I do not under- rity and Iraqi democracy in the hands basic differences. One is the number of stand. of the U.N. entails. reports. We have three reports. He has What possibly is the justification for Second, many countries that want to one report. And the timing of that re- not leveling with the American people help simply lack the resources to help. port. The other difference, the major on the best estimate this administra- As appreciative as we are of NATO’s difference, is we are asking for esti- tion has on the number of troops we

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.016 S23PT1 S7210 CONGRESSIONAL RECORD — SENATE June 23, 2004 are going to have over there? We are Those elections are scheduled in Iraq Therefore, I strongly urge our col- not saying: Give us a number, and then for December or January. leagues to support the McConnell withdraw our troops; give us a number We have had estimates by individ- amendment. and then come back to Congress and uals. Why not share and give official Mr. LEVIN addressed the Chair. tell us if you are going to need more estimates to the American people? The PRESIDING OFFICER. Who troops. We are not asking that. Esti- That is the principal difference. I am yields time? mates, estimates, estimates. still stunned by the unwillingness to Mr. KENNEDY. Mr. President, I yield We have the President who is going share that kind of information with the remaining time to the Senator. The PRESIDING OFFICER. The Sen- over to meet with NATO, with allies the American people. ator from Michigan. abroad. He is going to obviously, hope- I reserve any time I have. fully, ask others to participate because Mr. LEVIN. Mr. President, how much The PRESIDING OFFICER. The Sen- they clearly have an interest. They time is remaining? ator from Virginia. clearly have some responsibility. They The PRESIDING OFFICER. There is have not recognized it. I wish they Mr. WARNER. Mr. President, I once 30 seconds. would. But clearly they have to under- again wish to emphasize to our col- Mr. LEVIN. Mr. President, in the fis- stand they have an interest in the se- leagues, in the past the Committee of cal year 1995 Defense Authorization curity of that part of the world, and the Armed Services most particularly, Act, we did precisely the same thing they ought to be participating. and I think the Congress in general, Senator KENNEDY is asking. I am going We know the French were all too in- has refrained from requiring the De- to quote section 2(B)A. This is relative terested in finding out and partici- partment of Defense to provide de- to Bosnia at that time. pating in the oil issues, and it was ob- tailed planning, manpower, or cost es- The report must include an estimate— viously indicated to American rep- timates for future military operations. ‘‘an estimate’’— resentatives at the U.N. that they did The very nature of any military oper- of the total number of forces required to not think we were transferring sov- ation is such that the planners do their carry out such an operation, including forces ereignty unless we were going to trans- very best. They establish parameters. required for rotation base. fer over to the Iraqi ministers the abil- There are some great quotes, which I There is good precedent for precisely ity to have independent European oil cannot bring to mind, but in war is the what Senator KENNEDY is doing in participation in the development of the unexpected. You never can know for terms of requiring an estimate. The oil resources over there. certain what your requirements will troops deserve it. The Nation deserves We want them to be in there with re- be. Certainly in trying to project that that estimate. gard to offloading the burden on Amer- into the future, much less the imme- Mr. WARNER. Mr. President, how ican troops and helping and assisting diate days or weeks or months ahead— much time is remaining on our side? in terms of developing the security and force level projections and cost projec- The PRESIDING OFFICER. There is the police. We ought to know, and the tions or estimates based on assump- 3 minutes. American people ought to know, tions—conditions can change so quick- Mr. WARNER. Mr. President, I sim- whether they are willing to do that. ly, for better or worse, rendering such ply say to my colleague from Michigan, The President is headed over there. estimates of very little value. how well you, and having been privi- All we are asking for is estimates. It is leged to serve these many years to- So the Senator has put forth an amazing to me, given the past prece- gether, recognize that the Balkan situ- amendment. In the course of our delib- dents, that we are unwilling to share ation was one that had a measure of erations with the committee staff and that kind of information with the predictability that in no way parallels this manager, and with the Senator American people. I think the American the complexity of the mission we are and others, much of it is very useful people are entitled to it. carrying out in the Central Command and beneficial. There was a lot of That is what our amendment does. It AOR. There are stark differences be- is the principal difference with the thought given. We wanted to accept tween those military operations. McConnell amendment. When you the amendment with slight modifica- So, Mr. President, at this time I urge come right down to it, that is the prin- tions. colleagues to vote for the McConnell cipal reason we have an alternative out We have now, for example, at 3 amendment, which we think is very here, because the opposition refuses to o’clock this afternoon the Secretary of reasonable. It could be viewed as a re- share with the American people esti- State coming up to brief the Senate. inforcing of the Senator’s desire to get mates, estimates, estimates on the That is consistent with how the execu- the information we share with him in number of troops. I think the American tive branch is trying to be very forth- many respects—important to the Sen- people are entitled to it. coming, and the Department of De- ate. Mr. President, I reserve the remain- fense, the Department of State, and I yield back the time and ask the der of my time. others, in providing information in Chair to move to the next amendment. The PRESIDING OFFICER. Who briefings about the stabilization and Mr. KENNEDY. Mr. President, I ask yields time? reconstruction efforts in Iraq over the for the yeas and nays on the amend- If neither side uses time, time will be past year, providing numerous updates ment. yielded from both sides equally. in a variety of areas, at least on a The PRESIDING OFFICER. Is there a Mr. KENNEDY. Mr. President, how weekly basis. General Abizaid has been sufficient second? much time do I have remaining? very clear about his force requirements There is a sufficient second. The PRESIDING OFFICER. The Sen- for the next 6 months, reducing the The yeas and nays were ordered. ator has a minute and a half. need for what we call a sort of quick- The PRESIDING OFFICER. Do the Mr. KENNEDY. Mr. President, I yield fix report as proposed by the amend- Senators wish to order the yeas and myself the minute and a half. ment by the Senator from Massachu- nays on both pending amendments? I would mention, in his May 24 Mr. WARNER. That is correct. speech on Iraq, President Bush said: setts. The PRESIDING OFFICER. Is there a [W]e’ll maintain our troop level at the cur- The McConnell amendment requires sufficient second? rent 138,000 as long as necessary. a comprehensive, balanced report with- There is a sufficient second. On May 4, General Swartz, of J–3 Op- in an appropriate and feasible time pe- The yeas and nays were ordered. erations, said: ‘‘the current plan’’ and riod that enables the Congress to per- Mr. WARNER. By arrangement of the ‘‘what we’re working toward’’ is to form its oversight responsibilities. managers, there will be side-to-side keep the current level of deployments Therefore, I think this is a question of votes. The McConnell amendment first, ‘‘through ’05.’’ reasonableness, and that reasonable- followed by the Kennedy underlying. General Abizaid, on May 19, before ness is predicated on forthcoming esti- The PRESIDING OFFICER. The yeas the Senate Armed Services Committee, mates and forthcoming briefings by the and nays are now ordered on both said: administration on a broad range of amendments. [T]he force levels will stay about what issues that relate to the operations our AMENDMENT NO. 3353 they are, I think, until after the elections in military forces are courageously per- The PRESIDING OFFICER. Who Iraq. forming worldwide. yields time?

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.019 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7211 Mr. LEVIN. I believe Senator REED tests, and makes sure the tests will do field use. Even though it was successful controls the time on his side. what we want to do: deliver to the field in the developmental tests, it failed The PRESIDING OFFICER. The Sen- a system that actually works. I don’t four consecutive operational tests. ator from Rhode Island is recognized. think it is unreasonable. In fact, I Why are we buying missiles today Mr. REED. Mr. President, I yield my- think it is entirely appropriate to say that have the potential of duplicating self 8 minutes. that before we buy these additional the PAC–3 experience? Frankly, we My amendment would condition the interceptors—10 more—we are at least could be in the unenviable position acquisition of interceptors 21 through in a situation where this rudimentary where the first time we try to fly this 30 for the ground-based midcourse na- system has been entered into oper- against a potentially real target, it tional missile defense system on the ational testing. fails. We have to have operational test- implementation of operational evalua- Let me specifically highlight the ing and the PAC–3 is a very good exam- tion and testing under the auspices of issue of the interceptors. The operation ple. These operational tests are ex- the director of testing in the Pentagon. of the interceptor and kill vehicle is tremely useful in finally coming up I will try to give a brief explanation brand new. Neither has been tested in with a system that is much more reli- of where we are with this system that an interceptor test. We have not tried able. is to be deployed. It is a combination of to fly them with a kill vehicle even So, as a result, I urge my amendment existing elements and some brandnew against a target. Yet we are buying 10 strongly. It doesn’t take the money technology. The existing elements, more of them. It would be prudent to away. It simply lays out as a condition first, the defense support system, a sat- say let’s wait and at least do a few that we not spend it until we at least ellite system, is a cold war system de- tests with these new interceptors and have operational testing. By the way, signed to pick up the initial lift-off of kill vehicles. The new version of the we are already buying 20 missiles. missiles. That is in place. Then there is kill vehicle, by the way, where the war- I reserve the remainder of my time. a group of Aegis ships that are out head would actually impact the incom- The PRESIDING OFFICER (Mr. around the potential threat area of ing enemy missile, has never even been SUNUNU). The Senator from Virginia is North Korea. That is a relatively new flight tested. We don’t know what it recognized. application of these ships. They were will look like. In fact, problems with Mr. WARNER. Mr. President, I must designed to intercept and detect cruise the kill vehicle have delayed the sched- say I am fortunate to serve on the missiles and aircraft. Now we are at- uled flight test from March until July Armed Services Committee with Sen- tempting to expand that to track, at 31 of this year; and, frankly, we are ator REED and Senator LEVIN. least partially, the flight path of an weeks away from that and it is entirely Throughout the many years we have ICBM coming from a threat, specifi- plausible that this would be delayed served together, we have had our hon- cally North Korea. Then there is the even further. So we are deploying a est differences of opinion. I don’t mind Cobra Dane radar, an older radar sys- system in which we have not yet even sharing them. I enjoy our debates. It is tem. It is not particularly well adapted tested in flight one of the most critical constructive for the Senate. There is a at discriminating, so it is therefore not aspects of the system, let alone the process by which we go about it. the best radar we could have. The ad- fact that the rest of the system has At some point, there has to be final- ministration has canceled the X-band been cobbled together by existing ity reached with regard to issues. I say, radar system, which is better. Then pieces of technology being used in new most respectfully, to my good friend there are the interceptors with the kill ways. from Rhode Island, the Senate has vehicles on top. That is a strong argument, in my voted not once but twice, basically on The subject of this amendment is the mind, to say how serious are we about the same issue raised by this amend- interceptors. For many years, this saying this is deployment. But it is ment. I am reminded of Winston ground-based system was designed to more compelling, in my mind, to say at Churchill, one time in the depths of deploy 20 interceptors. Today, we are some point we have to get operational World War II, the early part of it in the taking five for this deployment. But 20 testing and evaluation—not some im- Battle of Britain, when he went back was a rather significant number for provised form by the Secretary of De- to his old prep school and gave the fa- technology that has not yet been prov- fense being implemented by the Missile mous speech saying, ‘‘Never, never, en. What the administration did this Defense Agency but a traditional sys- never give in.’’ year is say, well, we want to go beyond tem where the director of test and Well, at some point, the Senate has that 20; we want 40. We want to buy 10 evaluation at the Pentagon does eval- to get on with its business. I think we more, 21 through 30, and have long uation and testing. This amendment have more than adequately debated the lead-time acquisition funds for 31 would do that. It would take no money issues raised by this amendment. Nev- through 40. Well, the Congress in its away. It would simply say we cannot ertheless, I will take the time of my wisdom already terminated the long spend the money on the next 10 inter- colleagues to carefully review it. lead time for 21 through 40, but we still ceptors—21 through 30—until we have The Senate has already spoken on have to budget this money for 21 entered the traditional mode of oper- every single issue raised by this through 30. ational test and evaluation. This amendment. First, the testing. The I don’t propose to take that money amendment makes a great deal of Senate adopted the Warner amendment away. I want to simply fence it, make sense. There are examples of how use- to require ballistic missile defense as a condition to spend that money ful operational testing is. testing in 2005. That is the first Reed that this system will begin testing and The Patriot PAC–3 system—probably amendment. It rejected the testing ap- evaluation. We had a vigorous debate the closest analogy to this, even proach which the Reed amendment about imposing this operational test- though it is a theater missile system— puts before the Senate once again, an ing scheme. The result was now the is designed to go against targets that approach, I remind my colleagues, that Secretary of Defense is required to pro- are not as fast and don’t leave the at- the Pentagon’s own chief testing offi- mulgate some criteria for operational mosphere. But it is the same hit-to-kill cial described as premature and not testing and conduct these tests by Oc- technology. In fact, I was bemused helpful to the program. tober of 2005. years ago when they would show the If the Reed amendment is adopted, it My amendment differs, and I think film clips of how successful we are in is just another prohibition in the pro- significantly so. It says we cannot de- this new technology, and they would gram, possibly a gap in the production pend upon the Defense Secretary’s cri- use PAC–3 film clips about the hit-to- line, and all of those things end up in teria and evaluation—a self-evaluation kill technology. costly bills for the American taxpayers by the Missile Defense Agency. We The PAC–3 system was being tested and disruption. We all know what hap- need to get this program back into the developmentally. Then it went into pens when you break down and develop traditional system of operational test- operational testing and it failed four a system whereby you cannot predict ing and evaluation, which is conducted consecutive operational tests against a with certainty as to how and when the by an independent agency in the Pen- realistic target, one in which you try units would be completed on produc- tagon which designs, supervises the to simulate the conditions of battle- tion lines.

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.022 S23PT1 S7212 CONGRESSIONAL RECORD — SENATE June 23, 2004 It comes down again to, Do you want alistic testing of the ballistic missile would leave our Nation vulnerable to to deploy a missile defense system or defense system in 2005. Yet Senator North Korean and, potentially, Middle don’t you? If you do, I suggest most re- REED is proposing, again, an approach Eastern threats. Unfortunately, Sen- spectfully to colleagues, let’s accept which would require operational test ator REED’s amendment, if adopted, the judgments that you have rendered and evaluation of the BMD system and will cause just such a serious slow- and get on and not come back and back prohibit the use of fiscal year 2005 down. again and again on these same issues. funds to acquire additional missile de- Mr. President, the Senate has spoken The Senate already rejected the fense interceptors until such testing is already on all the issues raised in this Boxer amendment which would have completed. This is precisely the ap- amendment. I strongly urge my col- halted the development. Do we want to proach that the Senate has already re- leagues to be consistent and to oppose halt production of missile interceptors jected and precisely the approach that this amendment. for an extended period of time, a path even the pentagon’s own chief testing I thank the Chair. that would increase costs, technical official believes is premature and The PRESIDING OFFICER. Who risks, and leave us vulnerable again to unhelpful. The Senate has already spo- yields time? this threat where America stands de- ken on the testing issue. The Senator from Michigan. fenseless to protect itself from an acci- Furthermore, the amendment we are Mr. LEVIN. Mr. President, I wonder dental or an intentional firing of a bal- considering, if adopted, would do seri- if the Senator from Rhode Island will listic missile on to our territorial 50 ous harm to the Nation’s ability to de- yield 2 minutes to me. States? That is the issue. fend itself from long-range missile Mr. REED. I yield 2 minutes to the The Senate yesterday, after very threats. Just as with the Levin amend- Senator from Michigan. thorough and, I thought, one of the ment yesterday, the Reed amendment The PRESIDING OFFICER. The Sen- better debates on this bill, presented would cause a break in production line ator from Michigan. by my distinguished colleague, the for missile defense interceptors and un- Mr. LEVIN. Mr. President, first, I ranking member, Mr. LEVIN, rejected acceptable delays in the effort to de- wish to ask the Senator from Rhode Is- the Levin amendment which would fend our Nation from known and seri- land a question. The Patriot PAC–3 ex- have done basically the same thing as ous long-range missile threats. perience he described where I believe the Reed amendment. It would have re- Planning and conducting operational there were four failures, did that not, sulted in a disjointed, disrupted pro- testing and completing the evaluation in fact, lead to changes in that system? gram. of such testing would take at least a The PRESIDING OFFICER. Without I suggest the Senate should not now year. During that year, no funding for objection, the Senator from Rhode Is- adopt an amendment that would fence the next 10 interceptors could be spent. land is recognized to respond. 2005 funds for additional missile de- Key manufacturing personnel would be Mr. LEVIN. I thank the Presiding Of- fense interceptors until a testing re- lost, subcontractors would be lost, and ficer. quirement is completed, when it has al- knowledge of manufacturing processes Mr. REED. Mr. President, it actually ready imposed a realistic testing re- would be lost. When a production line did lead to changes in the operational quirement in 2005, explicitly rejected is broken, it has to be restarted. Rehir- use of the system, and those changes the kind of testing proposed in this ing and retraining workers, requali- were very valuable once deployed in a amendment, and explicitly rejected the fying subcontractors, and reestab- combat situation. delays, costs, and disruptions that lishing manufacturing processes would Mr. LEVIN. Mr. President, the ques- would result from withholding the take additional time and a great deal tion again is whether this Defense De- funding needed to proceed with the of money. A production break would partment is going to obey the law or do testing and fielding of missile defense also increase technical risk to this pro- they believe they are above the law. interceptors. gram, since quality depends in signifi- The law is very specific. It reads: I most respectfully urge my col- cant measure on well-trained and expe- The Secretary of Defense shall provide leagues to sustain the decisions that rienced workers and well-qualified sub- that a major defense acquisition program have been debated and voted on within contractors and stable manufacturing may not proceed beyond low-rate initial pro- the past few days by this Chamber. processes. duction until initial operational test and I reserve the remainder of my time. Loss of these funds for just a year evaluation of the program is completed. Mr. SESSIONS. Mr. President, I rise could result in a delay in fielding these That is the law. This Defense Depart- in opposition to the Reed amendment. interceptors of nearly 3 years and a 4- ment too often has decided it is above The amendment before us covers to 5-year gap between fielding the 20th the law; it is beyond the law; it is not ground that was considered and al- interceptor and 30th interceptor. Re- going to abide by the law. We have ready rejected by the Senate in the starting the production line would written a law for a purpose. Oper- three missile defense amendments of- incur a cost to the taxpayer of more ational test and evaluation is required fered by Senators BOXER, REED, and than $250 million. Some Senators may by law, not by the Secretary of De- LEVIN. argue that fencing funds is not a cut, fense, but by the independent office The amendment Senator REED offers but I would suggest that if the funds that was created to do this testing. today uses the same approach to test- are lost for at least a year, there is not That is the definition of initial oper- ing proposed in his amendment that we much difference between this fence and ational test and evaluation. No excep- considered last Thursday and that the a substantial budget cut. tion has been made for that. We de- Senate rejected. But his amendment The threat more than justifies the ployed some UAVs, but we did not ex- today has the additional disadvantage need for additional GMD interceptors. empt them from independent test and of imposing a very significant cost—to That threat is here today. It was con- evaluation. We deployed airplanes, but the missile defense program and to our firmed last year by the Director of Cen- we have not exempted them from this ability to defend the Nation from long- tral Intelligence, in testimony before requirement. This would be the first range missile attack. These costs are the Armed Services Committee, when system that would be allowed to pro- identical to those that the Senate re- he testified that the North Korea has a ceed beyond low-rate initial production jected yesterday when we defeated the missile that can reach the United without that evaluation. amendment proposed by Senator States. The PRESIDING OFFICER. The Sen- LEVIN. The need for additional interceptors ator’s time has expired. Senatore REED’s amendment would is based on the threat and all the evi- Mr. LEVIN. Mr. President, I ask for 1 prohibit expenditure of fiscal year 2005 dence I have seen fully and clearly jus- additional minute. funds for ground-based interceptors tifies the acquisition of the 10 intercep- The PRESIDING OFFICER. The Sen- until initial operational test and eval- tors in the budget request. Any signifi- ator’s time has expired. Twenty min- uation is completed. cant slowdown in this effort would utes was allocated and equally divided. I would remind my colleagues that leave the ground-based midcourse de- Mr. WARNER. Mr. President, we the Senate has already voted in favor fense element with a severely reduced grant 1 additional minute over and of a Warner amendment to require re- inventory of interceptors by 2007 and above the time.

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.025 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7213 The PRESIDING OFFICER. Without tween the program office and the test March, and we are having it in July— objection, it is so ordered. community. I have a letter, again, that is because this kill vehicle is not ready Mr. LEVIN. One final point in this I submitted for the RECORD in the past for such testing. There is nothing minute. According to the agency’s own that indicates he is fully satisfied. I about our amendment or about our papers, disclosures, the production rate will read specifically from the letter. It procedures. This is a hard technology, capacity of these interceptors is one says: but let us make sure it works. per month. That is the capacity. They My office has unprecedented access to The PRESIDING OFFICER. The Sen- are there. This is full-rate production. GMD, and I am satisfied with the coopera- ator from Virginia. They are not at low-rate initial production between the program office and the test Mr. WARNER. I thank the indul- tion anymore. The capacity is one per community. I will continue to advise the gence of the Presiding Officer. The month. That is what they are doing Secretary of Defense and the Director of time remaining on this side is? now. That is their plan. Their plan is MDA on the BMDS test program. I will also The PRESIDING OFFICER. The time provide my characterization of system capa- 1 for one per month. The law says they bilities and my assessment of test program remaining is 1 ⁄2 minutes. cannot go beyond low-rate initial pro- adequacy handling as required by Congress. Mr. WARNER. Fine. I believe our case has been made very clearly to our duction without this independent eval- In my view, it is time we move on. In colleagues that these issues raised by uation. effect, when we go for the formal test- the Senator from Rhode Island have That is what this amendment is ing that is being advocated in this par- been passed upon by the Senate in the about. It provides the money but says ticular amendment, we add an extra preceding 3 or 4 days after very careful, abide by the law, obey this law, there year of delay. It breaks up the manu- conscientious, and deliberate debate. is a purpose for it—to make sure our facturing lines. weapons systems work. We have had this discussion at a pre- The issues are settled. We must come I commend the Senator from Rhode vious date. The net effect is sub- to resolution, no matter how strong Island for this amendment. It is quite contractors have to be requalified, our differences may be, and accept the different from any amendment that has workers need to be retrained, and then judgment collectively rendered by the been voted on before. the manufacturing process has to be re- Senate in these votes. The PRESIDING OFFICER. The Sen- I yield back the remainder of my learned. It takes time, up to 21⁄2 years, ator’s time has expired. Who yields and money—some have estimated as time. Mr. REED. I ask for the yeas and time? much as adding $250 million to the nays on my amendment. Mr. ALLARD. Mr. President, how cost. The PRESIDING OFFICER. Is there a much time is remaining on this side? So I ask my colleagues to join me The PRESIDING OFFICER. The ma- sufficient second? and Senator WARNER in opposing this There appears to be a sufficient sec- jority controls an additional 5 minutes Reed amendment. It has the net effect ond. 20 seconds. of adding costs to the program, delay- Mr. ALLARD. Mr. President, I re- The yeas and nays were ordered. ing the program unnecessarily, and we quest 3 minutes. Mr. WARNER. Mr. President, we will do have adequate testing now. now proceed to the next amendment The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- which Senator LEVIN will offer on be- objection to 3 minutes being yielded ator’s time has expired. from the majority? Without objection, Who yields time? half of a colleague, but I would like to it is so ordered. The Senator from Colo- The Senator from Virginia controls ask for a brief quorum call so I can rado is recognized. the remainder of the time of 1 minute consult with the majority leader be- Mr. ALLARD. Mr. President, I have 45 seconds. cause we are making considerable to agree with my colleague from Vir- Mr. REED. Mr. President, I ask unan- progress in beginning to define what ginia, the chairman of the Armed Serv- imous consent for 1 minute. remains to be done and a course by ices Committee. We have had this issue The PRESIDING OFFICER. The Sen- which this bill can be completed today. before us not only this year a number ator from Virginia has been recognized. The PRESIDING OFFICER. Under of times but last year a number of Mr. WARNER. I will accommodate the previous order, all time on the pre- times, and even the year before that to the Senator from Rhode Island. vious amendment has expired. one degree or another. Mr. REED. I ask unanimous consent AMENDMENT NO. 3423 Whether it is intentional, the net ef- for 1 minute. Amendment No. 3423 is now pending, fect of these types of amendments is it The PRESIDING OFFICER. Without and under the previous order 20 min- delays the programs and it adds to objection, it is so ordered. utes has been allocated, 10 minutes on extra costs. The Senator from Rhode Island. each side. We have had a lot of debate on all Mr. REED. I respect the chairman Mr. LEVIN. I suggest the absence of these issues that have been in this par- and the chairman of the subcommittee a quorum. ticular amendment. I think it is time who have engaged in this debate. The The PRESIDING OFFICER. The for the Senate to move forward. question to me is: Will this system clerk will call the roll. I will point out in response to the work? We really do not know if it will The assistant legislative clerk pro- question that was raised by my col- work. If we do not know it is going to ceeded to call the roll. league from Michigan that we had tes- work, why are we buying 10 additional Mr. LEVIN. Mr. President, I ask timony in the full committee from the interceptors at a price of about $500 unanimous consent that the order for chief tester who says he believes we are million? the quorum call be rescinded. in full compliance with the law. I do So this is not the same amendment, The PRESIDING OFFICER. Without not think anything else needs to be the amendment written over and over objection, it is so ordered. said. We have that testimony. It is on again. This is an amendment about Mr. WARNER. Mr. President, we the record in the committee. scarce resources—will we devote them have on the floor now our distinguished I urge my colleagues again to join to these interceptors that are untested and esteemed colleague, the former both Senator WARNER and myself in op- or will we devote them to other issues? President pro tempore of the Senate, posing this particular amendment. I point out that there is nothing in Mr. BYRD of West Virginia. My first re- We do have some different testing this amendment that slows up the pro- quest would be a unanimous consent to procedures. That is because this is a gram. There is nothing in this amend- extend the time of this amendment different program, unlike the many ment that would take away funds. It from the current, as I understand it, 20 other programs we have had. So we simply says, let us get into an oper- minutes? have to deal with it a different way. ational testing mode before we buy The PRESIDING OFFICER. The Sen- The bottom line again is the chief these additional systems. ator is correct. tester is happy with the way it is pro- Final point. This system has been Mr. WARNER. That we extend that gressing. He has had access to the pro- plagued by delays, but they are techno- to 40 minutes, equally divided. gram that has been unprecedented. He logical delays. The reason we are not The PRESIDING OFFICER. Without is satisfied with the cooperation be- having a test—we did not have one in objection, it is so ordered.

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.026 S23PT1 S7214 CONGRESSIONAL RECORD — SENATE June 23, 2004 Mr. WARNER. Thank you very much. The increases reflect the number of ation encompassing antiterrorism, I yield the floor. military and civilian personnel re- pipeline protection, and an air-bridge The PRESIDING OFFICER. Who quested by the administration to carry denial program to intercept drug traf- yields time? out a 2-year training and support oper- ficking flights in Colombia. The Senator from West Virginia. ation in relation to an aggressive new A major infusion of additional U.S. The PRESIDING OFFICER (Mr. counterinsurgency offensive being un- personnel into Colombia will place ENZI). Who yields time? dertaken by the Government of Colom- more American personnel at risk and The Senator from West Virginia. bia called Plan Patriota. With the will increase the prospects of the Mr. BYRD. Mr. President, I yield my- stroke of a pen, just like that—just a United States being drawn ever deeper self such time as I may consume. stroke of the pen—this bill would in- into Colombia’s civil war. The PRESIDING OFFICER. The Sen- The State Department has confirmed ator is recognized. crease the number of U.S. civilian and military personnel authorized to be in that it needs fewer than 100 additional Mr. BYRD. I thank the Chair. personnel next year to accomplish its Mr. President, it is no secret that Colombia to support Plan Colombia goals. The Defense Department has es- America’s military forces are stretched from 800 to 1400. timated that it needs no more than 158 thin across the globe. The relentless So we are just inching along, just additional personnel to support the fighting in Iraq has exacted a heavy inching along. That may seem like an second phase of Plan Patriota next toll on the U.S. military, forcing thou- insignificant increase to some, but I year. Defense Department officials sands of American troops to face ex- expect it looms large in the minds of have also said they do not need a total tended tours in a dangerous war zone. U.S. forces who have seen their tours of 800 personnel and do not anticipate a Stop-loss orders have prevented thou- in Iraq extended or who have been pre- time when 800 military personnel sands more from leaving the military vented from leaving the military when would be in Colombia in support of the when their obligations have been ful- their obligations have been fulfilled. initiative. The Department is asking filled. America’s men and women in The 800 military personnel who could Congress to provide broad flexibility uniform have gone far beyond the call be sent to Colombia under the proposal through an unnecessarily large troop of duty to meet the increasing demands are 800 military personnel who would commitment at a time when both that have been placed on them, and we not be eligible to relieve American human and financial military resources owe them a great debt of gratitude. troops in Iraq, Afghanistan, or else- In the face of such hardship facing where. Before signing off on such a are severely limited. I think Congress should take a more America’s military personnel, this is measure, the Senate should consider conservative approach to Plan Colom- hardly a propitious time to arbitrarily very carefully the ultimate goals of bia and particularly to the involve- expand U.S. military obligations over- Plan Colombia and the amount of over- ment of U.S. forces in Plan Patriota. I seas, and yet that is exactly what the sight Congress should maintain on the am willing to authorize a modest in- bill in front of us does. In an effort to program. crease in the number of military and help the Government of Colombia I am offering an amendment. The civilian personnel for next year, but I launch a new offensive in its civil war amendment I am offering is an effort to believe Congress should review the against guerrilla insurgents and the address these considerations. My progress that has been made a year drug trafficking that funds them, the amendment provides a reasonable and from now before determining what the Defense authorization bill substan- sustainable level of support to continue final number should be. tially increases the number of U.S. Plan Colombia and to support Plan If the Pentagon cannot tell Congress military and civilian personnel author- Patriota, but it limits the support to how many troops it will need in Iraq a ized to support the operations of Plan immediate needs, not presumed needs a year from now, how can it say with Colombia in Colombia. year or two from now. Under my such certainty how many forces it will Plan Colombia is a 6-year amendment, the cap on both U.S. mili- need in Colombia 2 years from now? antinarcotics initiative authorized by tary and civilian personnel would in- The United States has spent the past Congress in fiscal year 2000 to combat crease from 400 to 500 each, for a total 4 years training and equipping Colom- cocaine production and trafficking in limit of 1,000. bian troops and flying cocaine crop Colombia. From the outset, many My amendment conforms with the eradication missions for the Govern- Members of Congress worry that House-passed version of the Defense au- ment of Colombia. According to the United States intervention in Colom- thorization bill. The House bill caps Congressional Research Service, U.S. bia’s drug wars—even noncombat inter- the number of military personnel in funding for Plan Colombia, since fiscal vention—could serve to draw the Colombia at 500. The House bill does year 2000, totals approximately 3.7 bil- United States into the thick of Colom- not address the civilian caps, but the lion bucks. bia’s longrunning civil war. In an effort State Department has determined it The administration has characterized to preserve congressional oversight and needs fewer than 100 additional con- the next 2 years as a ‘‘window of oppor- prevent mission creep in Colombia, tractors next year to support Plan tunity’’ to assist Colombia with its war Congress placed a cap on the number of Patriota. against the insurgents. Now, that may U.S. personnel who could participate in Plan Colombia remains a volatile and or it may not prove to be true, but the Plan Colombia. Current law limits the dangerous mission. Three American ci- burden of securing that window has number of U.S. personnel in Colombia vilian contractors operating in support fallen on—guess who?—Uncle Sam. in support of Plan Colombia to 400 of Plan Colombia have been held cap- That is where it lies, in the lap of military troops and 400 civilian con- tive in the jungle by Colombian insur- Uncle Sam. tractors, for a total of 800. gents for more than a year. Five other If the Government of Colombia is as This is a part of my statement. I be- U.S. civilians were killed as a result of committed to eradicating the drug lieve it was in the year 2000 that we aircraft crashes. Additional cocaine fu- crops and defeating the guerillas as the placed a limitation. Originally, the 800 migation flights have been fired on, administration contends, then the Gov- was divided into 500 military and 300 and since August 2003, two planes have ernment of Colombia should take the contractors, making a total of 800. been downed by hostile fire. lead in seizing this opportunity. Four That limitation on the number is cur- This is not the time, colleagues, and years and $3.7 billion into Plan Colom- rent. This bill, however, would double Colombia is not the place for the bia, the United States should be on the the number of military personnel au- United States to ramp up its military verge of tapering down its commitment thorized to participate in Plan Colom- commitment so sharply. Although the to Colombia, not sharply increasing it. bia, raising the troop cap from 400 to numbers may be relatively small, the Where are we going here? When is this 800. mission in Colombia has been con- going to come to an end? That troop cap is being doubled. The stantly increasing. Plan Colombia has ample flexibility cap on civilian contractors would be in- That is the problem. The mission in built into it to allow the military to creased by 50 percent, climbing from Colombia has been constantly increas- surge, if needed, to respond to emer- 400 to 600. This bill says let us put in a ing, evolving from a strictly gencies such as search and rescue or little more. Let us lift the number. antinarcotics campaign into an oper- evacuation of operation.

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.029 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7215 In addition, at the request of the ad- The United States has been assisting the opportunity to help Colombia end ministration, Congress has agreed to the government of Colombia—through this conflict in the near future. Defeat- broaden routine exemptions to per- Plan Colombia—for several years as ing the narcoterrorists in Colombia, as sonnel-counting procedures, giving the Colombia continues its struggle quickly as possible, is clearly in the Defense and State Department even against narcoterrorists. national security interests of our Na- greater flexibility in managing the During the course of this assistance, tion. number of personnel in Colombia. we have asked the Colombians to de- The Byrd amendment will complicate Routine exceptions now include such velop a comprehensive strategic plan the ability of our military commanders activities as port calls, DOD civilian for taking back their country. They and our diplomats to help Colombia visits, certain military exercises, air- have developed and begun imple- end this terrorist insurgency as soon as crew overnights as needed for weather, menting this plan, with our help. possible. maintenance, or crew rest overlapped During the course of this assistance, I urge my colleagues to vote no on during deployment location, head- we have urged the Colombians to mod- this amendment. I assure my colleagues that the dis- quarter staff visits, and traditional ernize their armed forces and become cussion by the Armed Services Com- commander’s activities, just to name a more decisive in their pursuit of the mittee to raise these caps was one we few. drug-financed insurgents who have ter- did not take lightly. We considered it Instead of the United States commit- rorized their country for decades. The with very deliberate care. We feel we ting more troops and more civilian Colombian armed forces have gained did so consistent with General Hill, contractors to Colombia than are actu- confidence and stature and are force- commander of the southern command, fully and decisively carrying out in- ally needed, the Government of Colom- who came up and specifically briefed creasingly sophisticated military oper- bia should increase the resources it is the committee on the needs. committing to Plan Patriota to miti- ations with successful results. The bottom line is the nation Colom- gate the burden on the United States. Over the years, we have asked the bia has come a long way in the past few My amendment increases U.S. sup- Colombians to invest more of their own years to reestablish itself as a pillar of port for Plan Colombia, but it does so national treasure in defense, reduce strength in that Central American at a prudent level that allows the De- drug cultivation, respect the human band of nations where there is such fra- fense and State Departments to com- rights of their people. They have done gility in the stability of these govern- mit the minimum number of additional so with very promising results. The Co- ments. It stands out as the courage of U.S. personnel needed to assist the lombian armed forces are now the sec- a government overcoming the insur- Government of Colombia in pros- ond most respected institution in Co- gents in their countries, beginning to ecuting Plan Patriota while maintain- lombia, behind the Catholic Church, have success. For a very modest in- ing necessary congressional oversight according to recent polling. crease in our military presence and on Plan Colombia. During the course of our assistance, contractor presence, we can ensure the In recognition of the current sac- we have asked the Colombians to be forward momentum of this success. rifices this Nation is demanding of its forthright about their future plans, re- It is an enormous force multiplier of men and women in uniform, I urge my quirements, and needs for additional benefit to the United States of Amer- colleagues to support this amendment assistance—they have been and that is ica. Were this nation to slip back into and to resist unwarranted and exces- why our regional commander and the a situation which enabled more and sive increases in a level of military and administration asked for a modest in- more exporting of drugs from that re- civilian personnel that may be decrease in the troop cap, at the request gion, possibly through Colombia, the ployed in Colombia. of the Colombian government. consequence would be a weakening of I yield the floor. The regional commander has devel- that government, and there would be Mr. WARNER. Mr. President, my un- oped a prudent plan to provide addi- multiple degrees of negative impact on derstanding is the Senator from Vir- tional planning and training assistance our economy, much less crime and ginia has, under his control or his des- that will enable the Colombian armed death associated with drugs. So for a ignee, 20 minutes; is that correct? forces to carry out the sophisticated, small number of additional military The PRESIDING OFFICER. That is coordinated military operations that personnel which the military carefully correct. will allow them to successfully defeat crafted, the United States benefits Mr. WARNER. I will take a minute the terrorists and end decades of terror greatly. or two and ask unanimous consent that and violence in Colombia. I yield the floor. the Senator from Alaska be recognized Troop strength will not automati- The PRESIDING OFFICER. The Sen- for such time as he may wish, followed cally double in Colombia, it will ebb ator from Alaska. by the Senator from Alabama, and and flow depending on progress in Co- Mr. STEVENS. Mr. President, I sup- then the distinguished Senator, Mr. lombia’s overall strategy and the avail- port the Armed Services Committee recommendation. It was also the ad- COLEMAN, chairman of the Western ability of U.S. troops to provide assist- ministration’s position that this cap on Hemisphere Subcommittee of the Sen- ance. military personnel in Colombia be in- ate Foreign Relations Committee, who U.S. troops will not be involved in creased to 1,400. Senator BYRD’s will manage the remainder of the time. combat operations. They will continue amendment reduces that to 500. Mr. SESSIONS. If the Senator will to work from secure sites, help train There has been dramatic success in yield, I will yield to Senator COLEMAN additional Colombian military units the war on drugs in Colombia. I have ahead of me. and help them plan and coordinate spent a great deal of time trying to Mr. WARNER. Very well. But I wish military operations. keep up with this. The President of Co- to speak for a few minutes. We have a clear window of oppor- lombia, Mr. Uribe, deserves a great I must oppose the Byrd amendment tunity to help President Uribe and the deal of credit. We should support his and urge my colleagues to do the same. people of Colombia help themselves continued efforts. His efforts have The provision in the underlying bill and end this conflict, but we need this caused terrorist organizations to come to raise the troop cap in Colombia from slight increase in assistance to help to the peace table. the current limitation of 400 military them realize this goal. Colombia has If we were to reduce our support now, personnel and 400 contractors to 800 made great progress, by all measures, they would have no reason to stay at military personnel and 600 contractor and deserves our support. the peace table. More U.S. personnel personnel was recommended by GEN The Byrd amendment would limit will only move the process forward. Hill, Commander, U.S. Southern Com- our ability to provide the assistance I do not think we should go back to mand, with the endorsement of the De- Colombia has requested and our mili- limiting our assistance to the Govern- partment of Defense, Department of tary commanders have recommended. ment of Colombia, as suggested by my State and the National Security Coun- A modest increase in troops and assist- good friend from West Virginia. I per- cil. This provision was unanimously ance now does not foreshadow an end- sonally spent time with the com- approved during markup by the Com- less commitment of troops, money and mander of the U.S. Southern Com- mittee with no dissenting discussion. sacrifice—quite the opposite—it offers mand, GEN James Hill, as did the

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.032 S23PT1 S7216 CONGRESSIONAL RECORD — SENATE June 23, 2004 chairman of the Armed Services Com- one of the Scandinavian countries who The understanding of this body of the mittee. We were briefed, as were other has been involved in trying to create importance of what we are doing in Co- members of the subcommittee, on the some opportunities for peaceful nego- lombia, and continuing to build upon situation there. He has strongly urged tiation. I said to him: Historically, in success, is important. That is not mini- us to support the administration’s re- the past, there may have been a civil mal. What we do here will be heard in quest to raise this cap. war here. There may have been those Colombia. It will be heard around the It is my hope, depending on the cir- in some of these organizations who world. We have to do the right thing. cumstances here in the Senate, that a were carrying some ideological belief Under the Colombian Constitution, group of us can travel to Colombia this and fervor that somehow they could President Uribe is limited to one term year and examine firsthand what is change the system of government in in office. What this means is during the going on down there. Colombia. But today you have a demo- final 20 months of President Uribe’s This country could be a beacon now cratically elected President with over- term, there is a limited window of op- against terrorism in South America. It whelmingly high approval ratings, I portunity to seriously weaken these is something we should support. We think around 80 percent. Anybody in groups and to move beyond this con- should not retreat from the war on ter- this body would like to have those flict that has devastated the Colom- rorism. The increase to 1,400 is nec- kinds of approval ratings. You have a bian people for decades. essary to support this Colombian Presi- very active opposition party, a very ac- That is why I believe the time is dent, who has done so well, particu- tive democracy in Colombia. right to increase the cap, again slight- larly against narcoterrorism. Speaking to this Ambassador, he ad- ly increase the cap, on the number of I urge the Senate to support the re- mitted: Yes, today it is about drugs, United States military and civilian quest as it is stated in the Armed Serv- and it is about money. personnel in Colombia who are assist- ices Committee bill, which is also the That is what we are dealing with ing the Colombians. We are not talking request of the administration. It cer- today. That is the passion. That is the about lifting the cap entirely. We are tainly is the request of this Senator, common link of those who are engaged talking about increasing the number of who spent a great deal of time consid- in a battle with the government. The military personnel who can be in Co- ering the problems in Colombia. top fundraising enterprise of all three lombia at any one time to 800 and civil- I yield the floor. of these organizations is drug traf- ians to 600. I applaud the chairman for The PRESIDING OFFICER. The Sen- ficking. They also are involved in ex- including this necessary provision in ator from Minnesota. tortion, kidnapping, and intimidation. the underlying bill. Mr. COLEMAN. Mr. President, I rise There are few, if any, legitimate polit- This is not a blank check. Human in strong opposition to the amendment ical objectives. They are narco- rights protections are still very much offered by the esteemed and greatly re- terrorists. in place. The United States Govern- spected Senator from West Virginia In fact, this Senate has voted to ment works only with Colombian secu- concerning military and civilian per- treat the guerrillas as such. Expanded rity forces who have been thoroughly sonnel strength in Colombia. authorities passed by this Congress vetted. I am a strong believer in human I have been to Colombia, I have been allow the U.S. to support the Colom- rights, and in each and every one of my to Bogota, and I have had a chance to bians in their efforts against the insur- meetings with Colombian officials I gents, not just for the purpose of fight- personally visit with some of our raise the human rights issue. I talk ing drug trafficking, but also for oppos- troops that are doing training, and to about the importance that human ing the terrorist insurgent threat. All visit with President Uribe on a number rights has in this country and has for three of these groups appear on the of occasions. our support of what is going on in Co- State Department’s list of terrorist or- As chairman of the Foreign Relations lombia. Human rights protections must Subcommittee on the Western Hemi- ganizations. As I said before, President Uribe, who remain essential to our involvement in sphere, I believe the situation in Co- enjoys a great deal of popularity in Co- Colombia, and the Colombians under- lombia is of paramount importance to lombia, was elected with a clear man- stand that. President Uribe under- the entire region. I must state very date—that the narcoterrorists can be stands that. clearly this is not a civil war in Colom- dealt with only from a position of Moreover, the activities of U.S. bia. Colombia is not engaged in a civil strength. They must be weakened mili- troops are limited. They are there to war. Colombia, today, is engaged in a tarily to the point where they abandon train the Colombians. Our troops will fight against narcoterrorists. That is their enterprise. continue to operate from secure sites what this is about. It is not about ide- Under the leadership of President only and will not be exposed to combat. ology anymore. It is about money. It is Uribe, the tide has begun to turn. United States activities in Colombia about drugs that are being used to fuel Kidnappings are down. Murders are and the region will continue to deal the insurgency. But this is not a civil down. The terrorists in many instances with the nonmilitary facets of Colom- war. I think that is important to un- are laying down their weapons. Coca bia’s crisis as well. We are supporting derstand. eradication has reached record levels. programs for internally displaced peo- If you reflect a little bit on the his- But the task is not yet finished. ple. We are encouraging alternative tory of what has happened in Colombia, It is important. It is not a matter of: crops so farmers are not growing coca President Pastrana did everything in Well, we have put resources into Co- and they can make a living for them- his power to try to negotiate a settle- lombia; when are we going to get it selves and their families. We are sup- ment. He even set aside a parcel of done? As we well know, in this country porting human rights and rule-of-law land, known as a ‘‘despeje,’’ as a token the battle about drugs and narcotics is efforts across the board. of good faith, but it was to no avail. an ongoing battle. It is something For anyone familiar with the situa- You see, the narcoterrorists had no in- where what we have to do is maintain tion in Colombia, it is clear President terest in negotiating a political solu- the pressure, maintain the commit- Uribe is bringing security, stability, tion because, again, it is not a civil ment, maintain the consistency, and and law and order to a country that so war. Their objectives were and remain not send a signal that somehow we are desperately needs it. Plan Colombia is to intimidate the public and to make putting a cap on it. a Colombian strategy to retake the money through criminal means. Again, the numbers we are talking country from the grip of narco- Let me be perfectly clear, all three of about here are very minimal, whether terrorists. United States support for the groups—the FARC, the ELN, and it is the Armed Services Committee Plan Colombia is predicated on a mu- the paramilitary AUC—are all terrorist recommendation of increasing the tual understanding of what is at stake organizations in the eyes of the United military cap from 400 to 800 and the ci- in Colombia, and a belief that the States and must continue to be treated vilian cap from 400 to 600, with a total United States and Colombians can as such by the Government of Colom- increase of 600, versus the distin- work together to address the crisis. We bia. guished Senator from West Virginia have a critical window of opportunity During my last visit to Colombia, I talking about 500. But the message is here to make a major push against was speaking to the Ambassador from not minimal. narcoterrorists in our own hemisphere

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.035 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7217 during these final 20 months of Presi- aged by his successes in drug eradi- the military and the civilian personnel, dent Uribe’s term. cation and his efforts to strengthen de- the cap is raised by the Byrd amend- When President Uribe was elected mocracy and the rule of law. In 2003, ment—not as far as the bill before us and sworn in, there were mortar at- coca production was down 21 percent raises it. The committee raised it by tacks on his life. I think there have and opium poppy was down 10 percent more than that. But the question is by been about 10 to 15 attempts on his life. from the previous year. So far this how much will we raise the cap, not He is an extraordinarily brave indi- year, the number of hectares of coca whether we are going to raise the cap. vidual. So often we look around the eradicated and the number of drug sei- The Byrd amendment is a more mod- world and say: America will be there to zures are up from last year. We must est increase. It is a more gradual in- support you, but you have stand up for continue this success that is needed to crease. It is appropriate in terms of the yourselves. Colombians are standing maintain domestic and international circumstances in the world today. We up. They are saying they want to win support for the eradication program. have our troops spread all over. There this battle against narcoterrorism. In Colombia, narcotics trafficking are great needs, including in Colombia. Ninety percent of the cocaine in this and terrorist acts have made it one of I happen to agree with my good friend country comes from Colombia. We the most dangerous places in the from Minnesota that we have successes Americans—our kids, our families— world. Last year, Vice President Fran- in Colombia. I have been there, too. I have a stake in the success of what cisco Santos-Calderon testified before have witnessed some of these successes. happens in Colombia. Again, this is the the Senate Drug Caucus that more I support our efforts in Colombia. But time. This is the place to send a strong than 8,000 acts of terror were com- given the kind of commitments that we signal that we will strengthen our ef- mitted against the Colombian people have around the world, given the kind forts against narcoterrorism. over the previous 5 years, including of demands on our troops around the The risk is the risk of doing nothing, over 30,000 violent deaths during each world, it seems to me that a modest in- the risk of sending a signal that some- of those years. However, since the vice crease is called for at this time. how we are going to cap this and limit president’s testimony, there have been Again, we are not talking about re- our effort, that somehow this battle significant reductions in the numbers ductions, we are talking about in- against narcoterrorism is a short-term, of homicides, assassinations, creases. The House of Representatives we-are-in-it-this-week and we-are-out- kidnappings and other terrorist acts. I did not allow for an increase on the ci- next-week approach. This is not about am encouraged by these numbers and vilian side at all. They would retain that. Again, we are not talking about a know that these changes are very en- the current cap of 400. The Byrd civil war. We are talking about work- couraging to the people of Colombia. amendment would allow for that to go ing hand in hand with a government Our counter-narcotics efforts in Co- up to 500. that is deeply committed, that has put lombia include military funding for An increase, yes; an endorsement of its own troops on the frontline, that equipment, training and education pro- what is going on in terms of the efforts personally has made the commitment grams for Colombian military per- in Colombia, yes, because if we raise not just of fighting narcoterrorism but sonnel. Raising the existing personnel the cap, that does reflect an endorse- to economic reform, pension reform, a caps will allow additional U.S. per- ment of those activities. But given the commitment to human rights, to the sonnel to be made available to train requirements for our troops around the rule of law. Colombian personnel, and will enhance world, the demands upon us, this kind The right thing to do is to support their ability to conduct their counter- of a modest increase is appropriate. the Armed Services Committee rec- narcotics missions. We have a window Finally, it is unlikely that they will ommendation. The right thing to do is of opportunity here that we need to be able to use this many additional to reject the amendment of the distin- take advantage of. The United States forces in any event. According to the guished Senator from West Virginia. must be willing to help the Colombian State Department, the dates for in- I yield the floor. government reach this goal. I strongly creases in personnel are not just going Mr. GRASSLEY. Mr. President, I rise urge my colleagues to oppose this to depend on our approval but also on today to express my opposition to Sen- amendment and ensure an adequate program developments, personnel ator BYRD’s amendment to Section 1052 number of U.S. personnel available in availability, and circumstances that which would cap the number of U.S. Colombia. exist on the ground. military personnel and civilian con- The PRESIDING OFFICER. Who The Byrd amendment represents a tractors operating in Colombia at 500 yields time? very proper, cautious, modest increase and 500, respectively. I support the cur- Mr. LEVIN. I wonder if the Senator in flexibility for our Defense Depart- rent committee language that in- from West Virginia would yield me 4 ment and State Department. It is ap- creases the caps to 800 and 600, respec- minutes. propriate that there be an increase but tively, because it will enhance our ef- The PRESIDING OFFICER. The Sen- not as large as is currently in the bill. forts to help the Uribe administration ator has 31⁄2 minutes remaining. I support the Byrd amendment. stop the flow of drugs from their coun- Mr. LEVIN. I wonder if he would The PRESIDING OFFICER. The Sen- try and into ours. yield me 2 minutes. ator from Minnesota. The situation in Colombia is at a Mr. BYRD. Mr. President, I yield the Mr. COLEMAN. Mr. President, how critical point. We must ensure that it full 31⁄2 minutes to my friend from much time do we have remaining? continues to move in the right direc- Michigan. The PRESIDING OFFICER. There is tion. Colombia is a strong ally and Mr. LEVIN. Mr. President, I thank 51⁄2 minutes on your side. major trading partner of the United Senator BYRD. Mr. COLEMAN. Mr. President, the States and is critical to the stability of The Byrd amendment allows for in- recommendation of the Armed Services the Western Hemisphere. It is also the creases. That is the most important Committee is a proper, cautious, mod- home of three major terrorist organiza- single point to make. There has been a erate increase. That is what we are tions that derive about 70 percent of suggestion that somehow or other if talking about. The numbers are not their funding from the production and the Byrd amendment is adopted, that that great, but the message is signifi- distribution of cocaine, nearly half of would reflect some kind of a decrease cant. The message is significant. What which ends up on our streets. Their in support for what we are doing in Co- we have is a recommendation, devel- violent activities are a result of the lombia. The Byrd amendment provides oped by General Hill from SOUTHCOM, need to maintain their narcotics trade, for an increase from the current level saying this is what we need to make which has resulted in the social and both on the military side and on the ci- sure we are living up to our commit- economic instability of the country vilian side. The current military level ment and to modestly strengthen our and the region. is 400. The Byrd amendment allows for commitment, that we have seen suc- President Uribe has shown a strong an increase to 500. cess. Let’s reward success. Again, in a commitment to ending the drug trade On the civilian side, the current level proper, cautious way. in Colombia by the end of his adminis- in law is 400. The Byrd amendment pro- I agree with my distinguished col- tration in 2006. I am extremely encour- vides for an increase to 500. So both on league from Michigan. That is the kind

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.038 S23PT1 S7218 CONGRESSIONAL RECORD — SENATE June 23, 2004 of increase we need. But we are seeing were much greater than the current max- finalized, including some claimants who success with murder down, kidnapping imum allowable Federal standards. were waiting for dose reconstruction to be down. We are seeing great courage (2) The Mallinkrodt workers at the St. completed. Louis site were exposed to excessive levels of (12) Because of the aforementioned reasons, from President Uribe. We see Colom- airborne uranium dust relative to the stand- including the serious lack of records and the bians step to the plate. We have to ards in effect during the time, and many death of many potential claimants, it is not maintain the pressure. We are not talk- workers were exposed to 200 times the pre- feasible to conduct valid dose reconstruc- ing about civil war. We are talking ferred levels of exposure. tions for the Iowa Army Ammunition Plant about a battle against terrorist organi- (3)(A) The chief safety officer for the facility or the Mallinkrodt facilities. zations. Winning this battle will have a Atomic Energy Commission during the (b) INCLUSION OF CERTAIN FORMER WORKERS direct impact on the lives of Ameri- Mallinkrodt-St. Louis operations described IN COHORT.—Section 3621(14) of the Energy Employees Occupational Illness Compensa- cans. It will have a direct impact on the facility as 1 of the 2 worst plants with respect to worker exposures. tion Program Act of 2000 (title XXXVI of the slowing the flow of cocaine and nar- (B) Workers were excreting in excess of a Floyd D. Spence National Defense Authoriza- cotics into this country. milligram of uranium per day causing kid- tion Act for Fiscal Year 2001 (as enacted into On both sides of the aisle our col- ney damage. law by Public Law 106–398); 42 U.S.C. leagues are seeking the same outcome; (C) A recent epidemiological study found 7384l(14)) is amended— that is, to have a proper, cautious, excess levels of nephritis and kidney cancer (1) by redesignating subparagraph (C) as moderate increase in strength. But it from inhalation of uranium dusts. subparagraph (D); and (2) by inserting after subparagraph (B) the would be wrong to send a signal to re- (4) The Department of Energy has admitted that those Mallinkrodt workers were following new subparagraph (C): ject the recommendation, the thought- subjected to risks and had their health en- ‘‘(C) Subject to the provisions of section ful, reasoned, rational, proper, cautious dangered as a result of working with these 3612A and section 3146(e) of the National De- recommendation of the Armed Services highly radioactive materials. fense Authorization Act for Fiscal Year 2005, Committee on this issue. Let us send (5) The Department of Energy reported the employee was so employed for a number the right message and let us do the that workers at the Weldon Springs feed ma- of work days aggregating at least 45 work- right thing by upholding the judgment terials plant handled plutonium and recycled days at a facility operated under contract to the Department of Energy by Mallinkrodt of the Armed Services Committee, by uranium, which are highly radioactive. (6) The National Institute of Occupational Incorporated or its successors (including the not stepping back, not by placing the Safety and Health admits that— St. Louis downtown or ‘Destrehan’ facility caps that this amendment would place. (A) the operations at the St. Louis down- during any of calendar years 1942 through Let’s reaffirm our commitment to town site consisted of intense periods of 1958 and the Weldon Springs feed materials Colombia, to the world, about fighting processing extremely high levels of radio- plant facility during any of calendar years narcoterrorism and winning this bat- nuclides; and 1958 through 1966), or at a facility operated tle. (B) the Institute has virtually no personal by the Department of Energy or under con- I reserve the remainder of our time. monitoring data for Mallinkrodt workers tract by Mason & Hangar-Silas Mason Com- pany at the Iowa Army Ammunition Plant The PRESIDING OFFICER. The Sen- prior to 1948. (7) The National Institute of Occupational (also known as the Burlington Atomic En- ator from West Virginia has 19 seconds. Safety and Health has informed claimants ergy Commission Plant and the Iowa Ord- Mr. BYRD. Mr. President, have the and their survivors at those 3 Mallinkrodt nance Plant) during any of the calendar yeas and nays been ordered on this sites that if they are not interviewed as a years 1947 through 1975, and during the em- amendment? part of the dose reconstruction process, it— ployment— The PRESIDING OFFICER. They (A) would hinder the ability of the Insti- ‘‘(i)(I) was monitored through the use of have not. tute to conduct dose reconstruction for the dosimetry badges for exposure at the plant of Mr. BYRD. I ask for the yeas and claimant; and the external parts of an employee’s body to nays on this amendment. (B) may result in a dose reconstruction radiation; or ‘‘(II) was monitored through the use of bio- The PRESIDING OFFICER. Is there a that incompletely or inaccurately estimates the radiation dose to which the energy em- assays, in vivo monitoring, or breath sam- sufficient second? ployee named in the claim had been exposed. ples for exposure at the plant to internal ra- There appears to be. (8) Energy workers at the Iowa Army Am- diation; or The yeas and nays have been ordered. munition Plant (also known as the Bur- ‘‘(ii) worked in a job that had exposures Mr. BYRD. I yield back the remain- lington Atomic Energy Commission Plant comparable to a job that is monitored, or der of my time. and the Iowa Ordnance Plant) between 1947 should have been monitored, under standards The PRESIDING OFFICER. Time is and 1975 were exposed to levels of radio- of the Department of Energy in effect on the yielded back. nuclides and radioactive material, including date of enactment of this subparagraph enriched uranium, plutonium, tritium, and through the use of dosimetry badges for AMENDMENT NO. 3384, AS FURTHER MODIFIED depleted uranium, in addition to beryllium monitoring external radiation exposures, or The PRESIDING OFFICER. Under and photon radiation, that are greater than bioassays, in vivo monitoring, or breath the previous order, the pending amend- the current maximum Federal standards for samples for internal radiation exposures, at ment is Bond amendment No. 3384 on exposure. a facility.’’. which there is no time limit. (9) According to the National Institute of (c) FUNDING OF COMPENSATION AND BENE- The Senator from Missouri. Occupational Safety and Health— FITS.—(1) Such Act is further amended by in- Mr. BOND. Mr. President, I call up (A) between 1947 and 1975, no records, inserting after section 3612 the following new section: amendment No. 3384 and ask unani- cluding bioassays or air samples, have been located that indicate any monitoring oc- ‘‘SEC. 3612A. FUNDING FOR COMPENSATION AND mous consent to incorporate the modi- curred of internal doses of radiation to which BENEFITS FOR CERTAIN MEMBERS fications that are at the desk. workers described in paragraph (8) were ex- OF THE SPECIAL EXPOSURE CO- The PRESIDING OFFICER. Is there posed; HORT. objection to modifying the amend- (B) between 1947 and 1955, no records, in- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ment? cluding dosimetry badges, have been located There is hereby authorized to be appropriated to the Department of Labor for each Without objection, it is so ordered. to indicate that any monitoring occurred of the external doses of radiation to which such fiscal year after fiscal year 2004 such sums as The amendment, as further modified, may be necessary for the provision of com- workers were exposed; is as follows: pensation and benefits under the compensa- (C) between 1955 and 1962, records indicate At the end of subtitle D of title XXXI, in- tion program for members of the Special Ex- that only 8 to 23 workers in a workforce of sert the following: posure Cohort described in section 3621(14)(C) over 1,000 were monitored for external radi- in such fiscal year. SEC. 3146. INCLUSION OF CERTAIN FORMER NU- ation doses; and CLEAR WEAPONS PROGRAM WORK- ‘‘(b) PROHIBITION ON USE FOR ADMINISTRA- ERS IN SPECIAL EXPOSURE COHORT (D) between 1970 and 1975, the high point of TIVE COSTS.—(1) No amount authorized to be UNDER THE ENERGY EMPLOYEES screening at the Iowa Army Ammunition appropriated by subsection (a) may be uti- OCCUPATIONAL ILLNESS COM- Plant, only 25 percent of the workforce was lized for purposes of carrying out the com- PENSATION PROGRAM. screened for exposure to external radiation. pensation program for the members of the (a) FINDINGS.—Congress makes the fol- (10) The Department of Health and Human Special Exposure Cohort referred to in that lowing findings: Services published the first notice of pro- subsection or administering the amount au- (1) Energy workers at the former posed rulemaking concerning the Special Ex- thorized to be appropriated by subsection (a). Mallinkrodt facilities (including the St. posure Cohort on June 25, 2002, and the final ‘‘(2) Amounts for purposes described in Louis downtown facility and the Weldon rule published on May 26, 2004. paragraph (1) shall be derived from amounts Springs facility) were exposed to levels of (11) Many of those former workers have authorized to be appropriated by section radionuclides and radioactive materials that died while waiting for the proposed rule to be 3614(a).

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.040 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7219 ‘‘(c) PROVISION OF COMPENSATION AND BENE- Senate floor. I met with some of the tion Plant were exposed to between FITS SUBJECT TO APPROPRIATIONS ACTS.—The workers and some of their families. 1947 and 1975. This makes it almost im- provision of compensation and benefits under The young woman who has been the possible to estimate radiation doses re- the compensation program for members of leader in this effort, Denise Brock, was ceived by the workers, a required step the Special Exposure Cohort referred to in before they can be compensated. subsection (a) in any fiscal year shall be sub- there. She told me how much this ject to the availability of appropriations for meant to her mother, who lost her hus- Almost 4 years into this program, that purpose for such fiscal year and to ap- band several years ago as a result of only 38 Iowans have received com- plicable provisions of appropriations Acts.’’. the cancers brought on by excessive ra- pensation. Of the people who worked at (2) Section 3612(d) of such Act (42 U.S.C. diation. She also told me that when I these plants assembling nuclear weap- 7384e(d)) is amended— spoke last Thursday about Jim ons, working with very highly radio- (A) by inserting ‘‘(1)’’ before ‘‘Subject’’; Mitalski, a former Mallinkrodt worker active materials, some are still alive and who had gone into the hospital and and are elderly, but they are ill and (B) by adding at the end the following new they are dying. paragraph: slipped into a coma—he lost a foot, had multiple cancers—she said she made a My friend from Missouri spoke about ‘‘(2) Amounts for the provision of com- visiting some of his workers in Mis- pensation and benefits under the compensa- recording of the floor remarks I made, souri. I, too, have had that experience tion program for members of the Special Ex- took it down and played it next to posure Cohort described in section 3621(14)(C) Mitalski’s bedside where he seemed to over the last several years—visiting may be derived from amounts authorized to be in a deep sleep. She said as she my fellow Iowans who worked at the be appropriated by section 3612A(a).’’. played it and we mentioned his name, Iowa Army Ammunition Plant during (d) OFFSET.—The total amount authorized she saw a smile come over his face, and those years after World War II, up until to be appropriated under subtitle A of this about 1975. They are ill and they are title is hereby reduced by $61,000,000. she believed that he did know that we were going to do something. Unfortu- dying and far too many of them are (e) CERTIFICATION.—Funds shall be avail- suffering from very painful cancers. able to pay claims approved by the National nately, Mr. Mitalksi has since died. In fact, it is most poignant that this Institute of Occupational Safety and Health That is happening to workers in is happening right now because the infor a facility by reason of section 3621(14)(C) Iowa, in Missouri, and all across the dividual who first brought this to my of the Energy Employees Occupational Ill- country. Yes, they were on the fore- attention several years ago, Bob An- ness Compensation Program Act of 2000, as front. They were the atomic warriors, amended by subsection (b)(2), if the Director derson, is once again ill himself. In and they made what nobody knew at of the National Institute of Occupational 1997, Bob wrote me a letter and said that time were great sacrifices of their Safety and Health certifies with respect to that he and some of the former workers health so we could win World War II. such facility each of the following: at the Iowa Army Ammunition Plant Mr. President, I thank the Chair and (1) That no atomic weapons work or re- had contracted cancers. Many were lated work has been conducted at such facil- I thank all of the people who worked dying and he knew they had been ex- ity after 1976. on this issue. posed to radiation, and he asked was (2) That fewer than 50 percent of the total I thank all parties for their assist- there anything I could do about it be- number of workers engaged in atomic weap- ance. I urge adoption of this after the cause they were not getting any med- ons work or related work at such facility appropriate comments are made. were accurately monitored for exposure to ical help whatsoever. The PRESIDING OFFICER (Ms. MUR- internal and external ionizing radiation dur- I, then, wrote a letter to the Depart- KOWSKI). The Senator from Iowa is rec- ing the term of their employment. ment of the Army to inquire about (3) That individual internal and external ognized. this. I received a reply from the De- Mr. HARKIN . Madam President, my exposure records for employees at such facil- partment of the Army that said basi- colleague from Missouri, Senator ity are not available, or the exposure to radically there were no nuclear weapons ation of at least 40 percent of the exposed BOND, and I have been working very ever assembled there. Well, we just workers at such facility cannot be deter- hard on this amendment to address the mined from the individual internal and ex- took the answer from the Army and very serious situation faced by former sent it back out to Bob Anderson. This ternal exposure records that are available. Department of Energy workers in Iowa (f) It is the sense of the Senate that all em- upset him greatly. He came back into ployees who are eligible to apply for benefits and Missouri. I thank Senator BOND for my office in Iowa and said: Wait a under the compensation program established his leadership on this issue, and for minute. They are wrong; we assembled by the Energy Employees Occupational Ill- working very closely to address this nuclear weapons there for almost 30 ness Compensation Act should be treated very problematic situation. We have years. fairly and equitably with regard to inclusion also worked very closely with the So we started looking at it further, under the special exposure cohort provisions chairman and the ranking member in of this Act. and we found that the Department of reaching an agreement enabling us to the Army was wrong. We had gotten Mr. BOND. Mr. President, we are not get this amendment done. I thank both misinformation from the Department going to take much time, although I Senator WARNER and Senator LEVIN of the Army. We finally dug back see my colleague from Iowa is here. and their respective staffs for all of through the DOE and the old Atomic This is a measure designed to com- their help in reaching this agreement. Energy files and found out that, in pensate the former energy workers at This amendment authorizes adding fact, they had assembled nuclear weap- the Mallinkrodt site in the St. Louis, workers who were employed in nuclear ons at IAAP for close to 30 years. This MO, area and the Iowa atomic energy weapons facilities in Missouri and Iowa was all very confusing. We finally got workers at what was known as the Bur- who are suffering from serious cancers it straightened out. These workers lington Atomic Energy Commission to the group of workers who are al- were exposed to radiation, they weren’t plant and the Iowa ordinance plant. ready eligible for automatic compensa- told what they were being exposed to We have gone through many tion. The groups of workers eligible for and they were told at the time this was iterations trying to work it out to automatic compensation, a ‘‘special ex- top secret that they could not discuss make sure that all sides are com- posure cohort, as it is called’’, already it with anyone, that they could receive fortable. I appreciate the courtesies of exists for workers from Kentucky, prison terms if they were to talk about the New York Senators who have Ohio, Alaska, and Tennessee. this with anyone. issues. We look forward to working But since this original legislation Many of these people became sick with them on solving their issues. was passed in 2000, we have learned a and many died without ever having There has been a great deal of work put great deal more about the facilities in breathed a word that they had worked into this. Some people may think it is Iowa and Missouri that makes it nec- assembling nuclear weapons because small, when it is less than a couple essary to include the Iowa and Mis- they were loyal, patriotic citizens. hundred million dollars, but let me tell souri workers in the special exposure They had taken an oath and were you, this is huge to the former workers cohort as well. sworn to secrecy that they would not and their families who are directly af- In Iowa, over the last 4 years, we talk about it. Even today some still fected. have discovered there are virtually no will not speak about the work they did. I went back to Missouri last Friday, documents that exist that show what Well, for those who are left, we fi- after we had talked about this on the workers at the Iowa Army Ammuni- nally got it cleared that they could

VerDate jul 14 2003 02:57 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.003 S23PT1 S7220 CONGRESSIONAL RECORD — SENATE June 23, 2004 talk about it openly with their doctors, I want him to know we are doing ev- time, I, along with my colleague Sen- their health care practitioners. But erything we can to right this wrong ator CLINTON, would like to engage Bob Anderson is the one person sin- and to get compensation to those Senators WARNER and LEVIN in a col- gularly responsible for highlighting former nuclear weapons workers. loquy regarding the needs of employees and bringing to the public attention Madam President, I yield the floor who worked in Department of Energy, what happened at the Iowa Army Am- and suggest the absence of a quorum. DOE, and DOE-contractor facilities on munition Plant, the person who started The PRESIDING OFFICER. The atomic weapons-related production in the ball rolling, so to speak, to get us clerk will call the roll. New York and throughout the United to understand that there were all these The assistant legislative clerk pro- States. workers who had been exposed but who ceeded to call the roll. Mrs. CLINTON. I also wish to recog- are unaccounted for. Mr. HARKIN. Madam President, I nize the efforts of my friends from Vir- Bob Anderson is the one who was re- ask unanimous consent that the order ginia and Michigan on this bill and sponsible for us and for the Depart- for the quorum call be rescinded. their willingness to engage in this col- ment of Energy now looking at the De- The PRESIDING OFFICER. Without loquy in order to discuss the needs of partment of the Army trying to find objection, it is so ordered. New York’s former nuclear workers the records, and now understanding The question is on agreeing to and the necessity of providing them that there are no records. There are no amendment No. 3384, as further modi- with prompt access to the compensa- dosage records for these people. fied. Is there further debate? The Sen- tion they have earned through service Several years ago, when he first con- ator from Missouri. to this country. tacted my office about this, he had Mr. TALENT. Madam President, I ap- Mr. WARNER. I thank the Senators been diagnosed with lymphoma. He has preciate the chance to offer a word or from New York for their remarks, and struggled with it ever since. As we two on the amendment. My friend from would be happy to engage them in a speak today, Bob Anderson is in a hos- Missouri and my friend from Iowa have colloquy. pital. He had his thyroid taken out. I covered the ground very well. In part, I Mr. LEVIN. I am also happy to en- spoke with his wife the other day on rise to compliment them on their dog- gage in this colloquy with the Senators the phone while he was undergoing surged tenacity on behalf of these workers form New York. gery. Later on, after he had gotten out, who deserve this compensation and Mr. SCHUMER. I thank my esteemed the doctor told her that his cancerous now have a chance of receiving it be- colleagues, Mr. WARNER and Mr. LEVIN, thyroid was the largest swollen thyroid cause of their hard work. for recognizing the common plight he had ever seen in his life. I also compliment the managers of among sick workers throughout our We are now waiting for the biopsies. the bill who, even though in their great Nation. In my home State of New We are hoping it has not spread. But as States they do not have people directly York, thousands of nuclear workers la- we stand here today, Bob Anderson lies involved in this, have seen the plight of bored for decades during the cold war in a hospital bed waiting to find out if our Missouri workers and Iowa workers in hazardous conditions at DOE and he now has a second kind of cancer, and have worked with us to get this contractor facilities unaware of the thyroid cancer, on top of his amendment adopted. health risks. These workers helped to lymphoma. Bob Anderson who side by It simply means workers in Iowa and create the huge nuclear arsenal that side with other IAAP workers spent Missouri are going to have the same served as a deterrent to the Soviet many years assembling nuclear weap- opportunity to get this compensation Union during the cold war, but many ons, who had been exposed to radiation, under expedited rules and procedures paid a high price in terms of their who had not been told what he was ex- that already exist in other States so health. It is now our obligation to as- posed to, and who did not wear dosage they will actually have some recourse sist them in all possible ways, so that badges. All Bob Anderson is asking for and some compensation for the ill- their sacrifices do not go unrecognized. is fair treatment, and that is what we nesses they have suffered because of Mrs. CLINTON. I wholeheartedly are accomplishing today. That is what this overexposure, and they will get it agree with the senior Senator from the managers of the bill have agreed before they pass away because of the New York. Our State’s contribution to to. cancers that have resulted. America’s security throughout the cold So I would like to extend a big thank There have been many tragic in- war was large and important. New you to Senator WARNER and Senator stances where people have fought for York is home to 36 former atomic LEVIN and their staffs for helping us this compensation, have waited for weapons employer sites and DOE facili- get this through. These are people who what the law says they are entitled to, ties—more than any other State in the are suffering, they are dying. They and have never gotten it. This amend- Nation. Fourteen of these facilities are need help, and they have no place to ment holds out hope now that we will located in the western New York return other than us in the U.S. Con- be able to do justice in these cases. gion alone. gress. I compliment my friend from Iowa Under the Energy Employees Occupa- As I said, some people were put into and my colleague from Missouri for tional Illness Compensation Act of that cohort in 2000. We recognized then their very hard work, and I join them 2000, Congress made a promise to the that there would be people out there in offering and supporting the amend- people who worked at these sites and for whom there were no records, and ment. others like them across the country for whom fairness would require that I yield the floor. that they would receive uniform, time- they should be put into that special co- The PRESIDING OFFICER. The Sen- ly compensation under the act under hort. That is what this amendment ator from Michigan. certain conditions. But to date, NIOSH does. This amendment is an important Mr. LEVIN. Madam President, I com- has completed just one of the many step in that direction: to get these peo- mend the Senators who have been in- needed site profiles in New York that ple put into that special cohort to pro- volved in again bringing this issue to are needed to administer the program. vide them automatic compensation. the forefront, fighting the hard fight One of the provisions of that act pro- Again, I thank my colleague from that was necessary for this to be ac- vides for what is known as a special ex- Missouri for his leadership and help on complished. posure cohort. The act named facilities this issue. I also again thank Senator As far as I know, there are no other in four States that would be added to WARNER and Senator LEVIN and their Senators at this point who wish to talk the special cohort, which in essence re- respective staffs for helping us work about this modified amendment. As far sults in prompt payment of benefits this out. I thank Bob Anderson for his as we are concerned, it can be adopted. under the act without the need to go courageous stand, for over the last sev- Mr. SCHUMER. Mr. President, I through a dose reconstruction process. eral years never giving up, for his advo- would like to acknowledge Senator The Bond-Harkin amendment would, cacy, not just on his own behalf but for WARNER and Senator LEVIN for their ef- under certain conditions, add several thousands of his fellow workers in Iowa forts on this legislation, which is vital facilities in Missouri and Iowa to this and, I daresay, in Missouri and other to the men and women of our military special exposure cohort. I am very places. Even as he lies in the hospital, and our national security. At this sympathetic to the plight of these

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.043 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7221 workers, but I am even more concerned The PRESIDING OFFICER. Without documents, including U.N. audits. That about the workers that I represent. objection, it is so ordered. is not true. Many of the New York workers are in UNANIMOUS CONSENT REQUEST—S. 2507 A bipartisan group of Senators, in- very similar plights as the workers in Mr. COCHRAN. Madam President, I cluding ranking members from the Missouri and Iowa who might be helped ask unanimous consent that the Sen- Armed Services and Foreign Relations by the Bond-Harkin amendment. ate proceed to the immediate consider- Committees, wrote to Mr. Bremer in I am encouraged that the amendment ation of Calendar No. 580, S. 2507; that Iraq asking him to secure the Oil-for- Food documents. recognizes this fact, in that it includes the Cochran amendment at the desk be I ask unanimous consent that the a sense of the Senate declaring that all agreed to, the bill, as amended, be read eligible employees deserve fair and eq- letter be printed in the RECORD. the third time and passed, the motion There being no objection, the mate- uitable consideration under the act’s to reconsider be laid upon the table, special exposure cohort provisions. rial was ordered to be printed in the and any statements be printed in the RECORD, as follows: Mr. SCHUMER. I agree, and hope RECORD. U.S. SENATE, that when the Bond-Harkin amend- Mr. REID. Madam President, reserv- ment is discussed in conference, the Washington, DC, June 9, 2004. ing the right to object, I have spoken Hon. L. PAUL BREMER, III, Senators from Virginia and Michigan with the distinguished junior Senator Administrator, Coalition Provisional Authority, will take into consideration the work- from Michigan, Ms. STABENOW. She has Baghdad, Iraq. ers in New York and throughout the some problems with the way this piece DEAR MR. BREMER: We are writing to in- country who share a similar set of cir- of legislation is written. She thinks quire about the status of documents relating cumstances to those workers in Iowa to the United Nations ‘‘Oil-for-Food’’ Pro- there should be more attention focused gram (OFF Program), and express our con- and Missouri. In particular, I would on fruits and vegetables. She would ask that they look at how the special cerns about recent developments that could like to have further discussion with the jeopardize American interests with respect exposure cohort issue can be addressed distinguished senior Senator from Mis- to those documents. in the most equitable way possible, and sissippi. The Section 2007 report submitted to Con- contemplate options that would pro- As a result of that, I hope something gress in April states that you have ordered vide for equitable access to the special ‘‘all relevant records in Iraq ministries be can be worked out on this. I reluc- inventoried and protected so that they can exposure cohort for New York’s work- tantly note my objection on behalf of ers. be made available’’ for certain investigations my friend from Michigan. into the OFF Program. We also understand Mrs. CLINTON. I echo the request of The PRESIDING OFFICER. The ob- that the Coalition Provisional Authority my colleague from New York. I would jection is heard. (CPA) has recently entered into a Memo- also ask whether the Senators from Mr. COCHRAN. I suggest the absence randum of Understanding with the Inde- Virginia and Michigan share our under- of a quorum. pendent Inquiry Committee (IIC) regarding the sharing of documents and information standing that the Bond-Harkin amend- The PRESIDING OFFICER. The ment to the National Defense Author- relating to the OFF Program. clerk will call the roll. Our concern is that all documents related ization Act of 2004 does not in any way The assistant legislative clerk pro- to the OFF Program be secured not only for reflect the view that New York’s work- ceeded to call the roll. the IIC and the Iraqi Board of Supreme Audit ers or those of any other State are less Mr. WARNER. Madam President, I (BSA), but also for investigations conducted deserving of access to special cohorts ask unanimous consent that the order by Congressional committees. Accordingly, than those named in the amendment. we request that the CPA work with the In- for the quorum call be rescinded. spector General’s Office of the Department of Mr. WARNER. Mr. President, I thank The PRESIDING OFFICER. Without my esteemed colleagues from New Defense (DoD IG) to secure a copy of all doc- objection, it is so ordered. uments that are being gathered for the BSA York for their dedication to this cause. Mr. WARNER. Madam President, the and the IIC investigations. Once such docu- We indeed recognize the sacrifice work- managers of the bill, in consultation ments are secured, a complete set of docu- ers made throughout our country in with the leadership, are making ments relevant to the OFF Program should the nuclear arms buildup of the cold progress, I assure colleagues. be delivered within sixty (60) days or no later war and will endeavor to take into ac- than August 31, 2004, to the General Account- count the similar situations that exist f ing Office for further delivery, upon request, for nuclear workers throughout our to any Congressional committee of com- MORNING BUSINESS petent jurisdiction. Please identify by no great Nation. I agree with their assess- Mr. WARNER. At this point in time, later than June 11, 2004, a person at the CPA ments of the Bond-Harkin amendment I ask unanimous consent that the Sen- and at DoD IG responsible for securing the and assure the Senators from New ate go into a period of morning busi- documents in response to this request. York that I will take their concerns We are sure you will agree that these docu- ness, with Senators allowed to speak into consideration when conferencing ments should be secured for all investiga- for up to 8 minutes each, with the right the House and Senate bills. tions into the OFF Program, whether in Iraq Mr. LEVIN. I join my friend from to petition for other time if there is no or the United States. In light of the recent dissolution of the Iraqi Governing Council, Virginia in recognizing the commit- objection by others waiting, and the Senate resume consideration of the au- the formation of a new Iraqi government ment of the Senators from New York ahead of schedule, and the rapidly-approach- to finding a solution to this critical thorization bill at the hour of 1:40. Mr. ENSIGN. If we could modify the ing June 30th turnover date, we are con- problem. I share their understanding cerned that American access to such docu- regarding the scope and intent of the unanimous consent that I be recog- ments will be jeopardized. Accordingly, we Bond-Harkin amendment, and will do nized at 1:05 to speak for 8 minutes. believe that the documents should be se- our best to address their concerns when Mr. WARNER. I have no objection to cured, duplicated, and delivered to DoD IG prior to June 30, 2004. conferencing the House and Senate that. The PRESIDING OFFICER. Without Sincerely, bills. NORM COLEMAN, The PRESIDING OFFICER. The objection, it is so ordered. The PRESIDING OFFICER (Mr. CARL LEVIN, question is on agreeing to amendment SAXBY CHAMBLISS, HAGEL). The Senator from Nevada. No. 3384, as further modified. JOSEPH R. BIDEN, Jr., The amendment (No. 3384), as further f LINDSEY GRAHAM, modified, was agreed to. JOHN ENSIGN. Mr. LEVIN. I suggest the absence of OIL-FOR-FOOD PROGRAM Mr. ENSIGN. Congressional inves- a quorum. Mr. ENSIGN. Mr. President, I rise to tigators have an interest in making The PRESIDING OFFICER. The speak about the Oil-for-Food scandal. I sure those documents are available and clerk will call the roll. do so because I have been told that accessible. A subpoena has been served The assistant legislative clerk pro- high ranking officials at the State De- on BNP by the Permanent Sub- ceeded to call the roll. partment and Paul Volcker, who is committee on Investigations. Chair- Mr. COCHRAN. Madam President, I heading up the U.N. investigation, be- man COLEMAN and the ranking Demo- ask unanimous consent that the call- lieve Senators are not personally com- crat, Senator LEVIN, have also sent let- ing of the quorum be rescinded. mitted to gaining access to all relevant ters seeking Oil-for-Food documents to

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.004 S23PT1 S7222 CONGRESSIONAL RECORD — SENATE June 23, 2004 the State Department and the General reaucracy has successfully frustrated the tributions, as did the minority, in fi- Accounting Office. independent committee dependent on it. nalizing the language. This was truly a An amendment to the Defense bill, We know that officials acting on be- collaborative process. which would help Congress to conduct half of Benon Sevan, the executive di- I ask unanimous consent that the its own inquiries into the Oil-for-Food rector of the Oil-for-Food Program for letters I mentioned earlier be printed Program was passed unanimously. We the United Nations, who is personally in the RECORD. want access to those documents. We implicated in the scandal, are asking There being no objection, the mate- wish the Volcker panel well; however, contractors not to release documents rial was ordered to be printed in the we are not going to abandon the duty relating to the program to congres- RECORD, as follows: of this Congress to conduct proper sional investigators without first get- UNITED STATES REPRESENTATIVE oversight or subcontract that role to ting U.N. authorization. We know the FOR UNITED NATIONS MANAGE- an international body. The stakes are U.S. has asked for copies of the U.N. in- MENT AND REFORM, much too high. ternal audit reports on this program, New York, NY, May 10, 2004. We now believe that Saddam Hussein, and the U.N. denied our request. I will Mr. DILEEP NAIR, Office for Internal Oversight Services, the corrupt U.N. officials, and corrupt well- include an exchange of letters to that United Nations, New York, NY. connected countries were the real bene- effect in the RECORD. DEAR MR. NAIR: The U.S. Mission requests factors for the Oil-for-Food Program. It was reported recently that the the following documentation/information re- They profited from illegal oil ship- head of the U.N.’s own inspector gen- garding the Oil-for-Food Programme: ments, financial transactions, kick- eral’s office himself is now being inves- —The 55 OIOS internal reviews, or audits, tigated by the United Nations. The of aspects of the OFF program; backs, and surcharges, and allowed —All bank statements for the OFF escrow Saddam Hussein to build up his armed U.N. should be more interested in account at BNP-Paribas; forces and live in the lap of luxury. bringing the truth to light than trying —All Oil Overseer reports previous to Octo- The evidence in this far-reaching to protect its tattered reputation and ber 2001; scandal tells an unbelievable story. Our its corrupt officials. I hope the Volcker —Copies of all Customs Reports from the own U.S. General Accounting Office es- panel gets the tools it needs from the UN’s Office of Iraq Programme (OIP) to the timates that Saddam Hussein siphoned U.N. to do a thorough investigation of 661 Committee that contain pricing reviews with notes of concern about possible over- off $4.4 billion through oil sale sur- the Oil-for-Food Program. The Volcker pricing. charges. Saddam Hussein also de- panel work does not obviate the need Please provide these documents by 14 May manded kickbacks on the humani- for the U.S. Congress to conduct its 2004. If this is not possible, please provide a tarian relief side from suppliers which own investigation. written explanation, including when we amounted to 10 to 20 percent on many My amendment ensures that the Oil- might expect to receive such documentation. contracts. Saddam used this revenue to for-Food documents in Iraq are secured Thank you for your assistance. Sincerely, rebuild Iraq’s military capabilities, to before the June 30 handover and that PATRICK KENNEDY. maintain lavish palaces, buy loyalty, copies are brought to the United oppress his people, and perhaps finan- States. Right now it is unclear what UNITED NATIONS cially support terrorism. will happen to those documents fol- INTERNAL OVERSIGHT SERVICES, And as Claude Haknes-Drielsma, an lowing the June 30 handover. The New York, NY, May 12, 2004. IGC consultant investigating the scan- amendment also requires U.S. agencies Reference: OUSG-04-370 dal, testified, the secret payments . . . to provide relevant congressional com- Ambassador PATRICK F. KENNEDY, ‘‘provided Saddam Hussein and his cor- mittees access to Oil-for-Food docu- Representative for United Nations Management, rupt regime with a convenient vehicle ments. Additionally, it calls on the United States Mission to the United Na- through which he bought support, U.S. to use its voice and vote to get actions, New York, NY. DEAR AMBASSADOR KENNEDY: I refer to internationally by bribing political cess to U.N. Oil-for-Food audits and your letter to me of 10 May, as well as your parties, companies, and journalists . . . core documents. previous letters of 20 April and 4 May, seek- This secured the cooperation and sup- Lastly, it mandates a GAO review of ing documents relating to the Oil-for-Food port of countries that included mem- the Oil-for-Food Program. Under the Programme. bers of the Security Council of the Helms-Biden U.N. reform legislation As you know, the Secretary-General has United Nations.’’ which was signed into law, as this established an independent inquiry into allegations relating to the Programme, chaired The United Nations should be embar- amendment makes clear, we believe the GAO should have access to U.S. by Mr. Paul Volcker. You would also be rassed. What resulted from the good- aware that Mr. Volcker has asked the Sec- will gesture was international scandal, documents relating to the Oil-for-Food retary-General to ensure that all relevant corruption at the highest levels, and Program. documents are secured solely for the In- suffering Iraqi citizens—not exactly a We in the Congress have a choice to quiry’s use, and that, on 6 May, Mr. Volcker model U.N. program. make. We could do nothing and allow issued a statement saying that the Inquiry Tasked by the international commu- the word ‘‘humanitarianism’’ to be the Committee believes non-public documents nity to deny Saddam Hussein the abil- new code word for corruption and scan- related to the Programme should not be released during the current preliminary stage ity to rebuild his military apparatus dal from here on out, or we can stand up and make the United Nations right- of the Inquiry—though it will ‘‘consider ap- while providing humanitarian needs, propriate disclosure’’ at a later stage, as the the United Nations allowed the corrupt fully accountable for the corruption investigation proceeds. to become richer and innocent Iraqis to that has harmed innocent Iraqis. As the internal reviews and audits of the be oppressed. Today we have a chance The answer is clear: We must act. Programme carried out by this Office, bank to rectify that injustice. We must de- The U.N. is broken. If the Security statements of the escrow account and letters mand that the United Nations cooper- Council is to function, there cannot be sent to contractors, come in the category of ate completely with efforts to extrapo- questions as to whether members are ‘‘non-public’’ documents, these cannot be disclosed at the moment. On the other hand, late the truth from this scandal and more interested in lining their pockets than preserving security. We have to the reports of the Oil Overseers and of the punish the guilty. Customs Reports have already been provided Unfortunately, that does not appear make sure Iraqi government officials to the United States government in its ca- to be happening, as William Safire get a clear message that the corruption pacity as a member of the 661 Committee. notes in a recent column entitled and kickbacks of the Saddam Hussein Yours sincerely, ‘‘Tear Down This UN Stonewall.’’ He regime—potentially aided and abetted DILEEP NAIR, talks about how Paul Volcker’s first by U.N. officials—will no longer be tol- Under-Secretary General. choices for staffing the U.N.’s own Oil- erated. The PRESIDING OFFICER. The Sen- for-Food— I thank my colleagues for helping to ator from West Virginia is recognized. craft this amendment. LINDSAY . . . were turned off not just by the lack of Mr. BYRD. Mr. President, I ask unan- subpoena or oath-requiring power . . . but by GRAHAM took the lead in achieving this imous consent that I may proceed for an inadequate budget to dig into the largest consensus. Senators CHAMBLISS, COLE- no more than 3 minutes. financial rip-off in history. As a result, after MAN, LUGAR, KYL, ENZI, and the major- The PRESIDING OFFICER. Is there nearly three months, a foot-dragging bu- ity leader all made important con- objection?

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.047 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7223 Without objection, it is so ordered. Donald Rumsfeld, et al., he enlisted the sup- that immediately following the next port of the Project for the New American f votes, the Senate proceed to executive Century. session and votes on the following The plan hit paydirt with the election of 250TH ANNIVERSARY OF THE nominations on today’s Executive Cal- FRENCH AND INDIAN WAR George W. Bush. Perle took on the Defense Policy Board. Rumsfeld, Wolfowitz and Feith endar: Calendar Nos. 592 and 609. I fur- Mr. BYRD. Mr. President, our Nation became one, two and three at the Defense ther ask consent that following the launches a 6-year commemoration of Department, and Cheney as vice president votes, the motions to reconsider be laid the 250th anniversary of the French took Scooter Libby and David Wurmser as upon the table, the President be imme- and Indian war. That commemoration his deputies. Clean Break was streamlined to diately notified of the Senate’s action, go directly into Iraq. and the Senate then return to legisla- is this year. As part of the celebration, Iraq, as a threat to the United States, was Members of the Senate and their staffs all contrived. Richard Clarke stated in his tive session, with no intervening action are invited to a special viewing of a book, Against All Enemies, with John or debate. handwritten autobiographical manu- McLaughlin of the CIA confirming, that Finally, I ask unanimous consent script of George Washington, which there was no evidence or intelligence of that there be 4 minutes of debate conveys unique insights of the war and ‘‘Iraqi support for terrorism against the equally divided prior to each of the young Washington’s personal reflec- United States’’ from 1993 until 2003 when we votes. tions on his experiences. Washington’s invaded. The State Department on 9/11 had a The PRESIDING OFFICER. Is there list of 45 countries wherein al Qaeda was op- objection? ‘‘Remarks’’ will be on display in S–127 erating. While the United States was listed, in the Capitol on Wednesday, today, it didn’t list the country of Iraq. The Senator from Nevada. from 12 noon until 3 p.m. President Bush must have known that Mr. REID. Could we have these votes, George Washington is most com- there were no weapons of mass destruction as are the votes preceding this, 10- monly remembered as our Nation’s in Iraq. We have no al Qaeda, no weapons of minute votes? first President and a Revolutionary mass destruction and no terrorism from Iraq; Mr. FRIST. We have no objection on War commander. Americans are far we were intentionally misled by the Bush ad- our side to 10-minute votes. ministration. The PRESIDING OFFICER. Without less aware of his activities during the Which explains why President-elect Bush French and Indian war. Washington sought a briefing on Iraq from Defense Sec- objection, it is so ordered. never wrote a memoir, but ‘‘Remarks’’ retary William Cohen in January before tak- f provides a firsthand account of his ing the oath of office and why Iraq was the early life, including his experiences in principal concern at his first National Secu- rity Council meeting—all before 9/11. When 9/ NATIONAL DEFENSE AUTHORIZA- the French and Indian war. TION ACT FOR FISCAL YEAR So I hope Senators will take the op- 11 occurred, we knew immediately that it was caused by Osama bin Laden in Afghani- 2005—Continued portunity to view this important stan. Within days we were not only going manuscript and learn more about The PRESIDING OFFICER. The Sen- into Afghanistan, but President Bush was ate will continue the consideration of George Washington through this story asking for a plan to invade Iraq—even penned in his own hand. though Iraq had no involvement. S. 2400. Mr. President, in closing, I thank the After 15 months, Iraq has yet to be AMENDMENT NO. 3303 honorable Ned Rose of Charleston, WV, secured. Its borders were left open after There are now 2 minutes of debate for his thoughtfulness and his efforts in ‘‘mission accomplished,’’ allowing ter- equally divided related to the Corzine regard to having this displayed in S–127 rorists throughout the Mideast to come amendment. of the Capitol today, from 12 noon until join with the insurgents to reek havoc. The Senator from Nevada. 3 o’clock. As a result, our troops are hunkered Mr. REID. We yield back our time. down, going out to trouble spots and Mr. FRIST. We yield back the re- f escorting convoys. mainder of our time. WHY WE ARE IN IRAQ In the war against terrorism, we’ve The PRESIDING OFFICER. The Mr. HOLLINGS. Mr. President, I sub- given the terrorists a cause and created question is now on agreeing to the mo- mitted a column on how we got into more terrorism. Even though Saddam tion to waive the Budget Act with re- the mess in Iraq, which appeared this is gone, the majority of the Iraqi peo- spect to the Corzine amendment. morning in The State newspaper in Co- ple want us gone. We have proven our- The yeas and nays have been ordered. lumbia, SC. I ask unanimous consent it selves ‘‘infidels.’’ With more than 800 The clerk will call the roll. be printed in the RECORD. GIs killed, 5,000 maimed for life and a The legislative clerk called the roll. There being no objection, the mate- cost of $200 billion, come now the gen- Mr. MCCONNELL. I announce that rial was ordered to be printed in the erals in command, both Richard Myers the Senator from Kansas (Mr. RECORD, as follows: and John Abizaid, saying we can’t win. BROWNBACK) is necessarily absent. Back home the cover of The New Re- Peoples the world around have a history of I further announce that if present culture and religion. In the Mideast, the reli- public magazine asks, ‘‘Were We and voting the Senator from Kansas gion is predominantly Muslim and the cul- Wrong?’’ (Mr. BROWNBACK) would vote ‘‘no.’’ ture tribal. The Muslim religion is strong, Walking guard duty tonight in Bagh- Mr. REID. I announce that the Sen- i.e., those that don’t conform are considered dad, a G.I. wonders why he should lose ator from Massachusetts (Mr. KERRY) infidels; those of a tribal culture look for his life when his commander says he is necessarily absent. tribal leadership, not democracy. We liber- can’t win and the people back home The PRESIDING OFFICER (Mr. ated Kuwait, but it immediately rejected de- can’t make up their mind. Unfortu- SUNUNU). Are there any other Senators mocracy. nately, the peoples of the world haven’t 2. In 1996, a task force was formed in Jeru- in the Chamber desiring to vote? salem including Richard Perle, Douglas changed their minds. They are still The yeas and nays resulted—yeas 49, Feith and David Wurmser. They submitted a against us. Heretofore, the world nays 49, as follows: plan for Israel to incoming Prime Minister looked to the United States to do the [Rollcall Vote No. 136 Leg.] Benjamin Netanyahu called Clean Break. It right thing. No more. The United YEAS—49 proposed that negotiations with the Pal- States has lost its moral authority. estinians be cut off and, instead, the Mideast Mr. FRIST. Mr. President, I ask Akaka Dayton Kohl Baucus Dodd Landrieu be made friendly to Israel by democratizing unanimous consent that the order for Bayh Dorgan Lautenberg it. First Lebanon would be bombed, then the quorum call be rescinded. Biden Durbin Leahy Syria invaded on the pretext of weapons of The PRESIDING OFFICER. Without Bingaman Edwards Levin mass destruction. Afterward, Saddam Hus- objection, it is so ordered. Boxer Feingold Lieberman sein was to be removed in Iraq and replaced Breaux Feinstein Lincoln with a Hashemite ruler favorable to Israel. f Byrd Graham (FL) Mikulski The plan was rejected by Netanyahu, so Cantwell Harkin Murray UNANIMOUS CONSENT AGREE- Carper Hollings Nelson (FL) Perle started working for a similar approach MENT—EXECUTIVE CALENDAR Clinton Inouye Nelson (NE) to the Mideast for the United States. Taking Collins Jeffords Pryor on the support of Dick Cheney, Paul Mr. FRIST. Mr. President, as in exec- Corzine Johnson Reed Wolfowitz, Stephen Cambone, Scooter Libby, utive session, I ask unanimous consent Daschle Kennedy Reid

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.049 S23PT1 S7224 CONGRESSIONAL RECORD — SENATE June 23, 2004 Rockefeller Snowe Wyden I recommend voting for the McCon- Corzine Harkin Lautenberg Sarbanes Specter Daschle Hollings Leahy Schumer Stabenow nell alternative which is a reasonable Dayton Inouye Levin reporting requirement from the De- Dodd Jeffords Pryor NAYS—49 fense Department related to Iraq. Durbin Johnson Reed Alexander Dole McConnell The PRESIDING OFFICER. The time Feingold Kennedy Reid Graham (FL) Landrieu Sarbanes Allard Domenici Miller of the Senator has expired. Allen Ensign Murkowski NOT VOTING—2 Bennett Enzi Nickles The Senator from Massachusetts is Bond Fitzgerald Roberts recognized for 1 minute. Brownback Kerry Bunning Frist Santorum Mr. KENNEDY. Mr. President, this is Burns Graham (SC) The amendment (No. 3472) was agreed Sessions for 1 year. June 30th, sovereignty is to. Campbell Grassley Shelby Chafee Gregg Mr. WARNER. Mr. President, I move Smith transferred to the Iraqis. American Chambliss Hagel Stevens families are entitled to know how long to reconsider the vote. Cochran Hatch Sununu Mr. LEVIN. I move to lay that mo- Coleman Hutchison their sons and daughters are going to Conrad Inhofe Talent serve in Iraq. This is asking for an esti- tion on the table. Cornyn Kyl Thomas mate of how long their sons and daugh- The motion to lay on the table was Voinovich Craig Lott ters are going to be there. They will agreed to. Crapo Lugar Warner AMENDMENT NO. 3377 DeWine McCain make that judgment 30 days after this bill is passed into law, then 6 months, The PRESIDING OFFICER. Under NOT VOTING—2 and then a year. American families the previous order, the vote will now Brownback Kerry who have sons and daughters serving in occur on agreeing to Kennedy amend- The PRESIDING OFFICER. On this Iraq need to have some estimate about ment No. 3377. This will be preceded by question, the ayes are 49, the nays are how long they are going to be there. 2 minutes of debate evenly divided. 49. Three-fifths of the Senators duly The American people are entitled to The Senator from Massachusetts. Mr. KENNEDY. Mr. President, if you chosen and sworn not having voted in that, too. liked the McConnell amendment, you the affirmative, the motion is rejected. Finally, we have followed this simi- have to love the Kennedy amendment Mr. WARNER. I move to reconsider lar kind of reporting with regard to because the McConnell amendment the vote and I move to lay that motion Bosnia in the past. This is an appro- took our initial amendment and elimi- on the table. priate request. American families and The motion to lay on the table was nated estimating the numbers of Amer- the American people are entitled to it ican troops that are going to be nec- agreed to. and the Iraqi people are entitled to it, The PRESIDING OFFICER. The essary after Iraq reaches sovereignty. as well. That is the principal difference. Chair sustains the point of order and The PRESIDING OFFICER. The Sen- the amendment falls. It does seem to me that after Iraq ator’s time has expired. Under the pre- gets sovereignty on June 30, every AMENDMENT NO. 3472 vious order, the vote occurs on agree- American family, whether it is those The PRESIDING OFFICER. Under ing to the McConnell amendment. who have sons or daughters serving in the previous order, the next vote is on The yeas and nays have been ordered. Iraq, is entitled to the best judgment— the McConnell amendment numbered The clerk will call the roll. and this is an estimate—the best judg- 3472 on which the yeas and nays have The assistant legislative clerk called ment on the number of troops we are been ordered. the roll. going to have serve in Iraq. That is Under the previous order, there will Mr. MCCONNELL. I announce that clear and simple. It is an estimate. be 2 minutes of debate evenly divided. the Senator from Kansas (Mr. There are clear examples where we Mr. REID. Mr. President, this is a 10- BROWNBACK) is necessarily absent. have done that in the past. We are minute vote, is that right? I further announce that if present talking about estimating the number The PRESIDING OFFICER. The Sen- and voting the Senator from Kansas of American troops that will serve in ator is correct. Under the previous (Mr. BROWNBACK) would vote ‘‘yes.’’ Iraq. We have done that time in and order, subsequent votes will be 10 min- Mr. REID. I announce that the Sen- time out. That is what the Kennedy utes in length. ator from Massachusetts (Mr. KERRY) amendment would do, embracing the Mr. KENNEDY. Parliamentary in- is necessarily absent. best parts of the McConnell amend- quiry: I understand under the previous The PRESIDING OFFICER. Are there ment. You can have it all this after- agreement we are going to have two any other Senators in the Chamber de- noon in the U.S. Senate. votes. The first vote will be on the siring to vote? The PRESIDING OFFICER. The Sen- McConnell amendment and the second The result was announced—yeas 71, ator from Kentucky. vote on the Kennedy amendment? nays 27, as follows: Mr. MCCONNELL. Mr. President, the The PRESIDING OFFICER. Under argument remains the same as it was a the previous order there are several [Rollcall Vote No. 137 Leg.] YEAS—71 few moments ago. The question is pending votes. The next vote after the whether we can require the Defense De- Alexander Domenici Miller McConnell amendment will be on the partment to predict that which cannot Kennedy amendment. Allard Dorgan Murkowski Allen Edwards Murray be known. No one knows what the fu- Who yields time? Bayh Ensign Nelson (FL) ture troop estimate is going to be. We Mr. MCCONNELL. Mr. President, let Bennett Enzi Nelson (NE) Bond Feinstein can’t predict troop levels 5 years in ad- me describe why the McConnell amend- Nickles vance. The Senator from Massachu- ment is preferable to the Kennedy Bunning Fitzgerald Roberts Burns Frist setts is trying to require the Defense amendment. My colleagues will be Rockefeller Byrd Graham (SC) Santorum Department to report something that Campbell Grassley given an opportunity in the next few Schumer Cantwell Gregg no Defense Department could possibly minutes to vote on two approaches to Sessions Carper Hagel report. Therefore, the Kennedy amend- Shelby administration reporting on Iraq. The Chafee Hatch ment ought to be opposed. Kennedy troop estimate requirement is Chambliss Hutchison Smith Snowe The PRESIDING OFFICER. All time entirely too burdensome. We cannot Clinton Inhofe Cochran Kohl Specter has expired. The question is on agree- predict troop levels 5 years in advance. Coleman Kyl Stabenow ing to amendment No. 3377. No one is that good. Political develop- Collins Lieberman Stevens The yeas and nays have been ordered. Sununu ments in Iraq will drive security esti- Conrad Lincoln The clerk will call the roll. mates so we cannot determine now Cornyn Lott Talent Craig Lugar Thomas The legislative clerk called the roll. what our needs are going to be years in Crapo McCain Voinovich Mr. MCCONNELL. I announce that advance. DeWine McConnell Warner the Senator from Kansas (Mr. KENNEDY’s 30-day requirement would Dole Mikulski Wyden BROWNBACK) is necessarily absent. not give the Department of Defense NAYS—27 I further announce that if present enough time to staff a report, much Akaka Biden Boxer and voting the Senator from Kansas less complete one. Baucus Bingaman Breaux (Mr. BROWNBACK) would vote ‘‘nay.’’

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.010 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7225 Mr. REID. I announce that the Sen- interceptors until we learn what we McConnell Sessions Sununu Miller Shelby Talent ator from Massachusetts (Mr. KERRY) must before we commit to this $500 Murkowski Smith Thomas is necessarily absent. million acquisition? Nickles Snowe Voinovich The PRESIDING OFFICER. Are there I hope my colleagues will support me Roberts Specter Warner any other Senators in the Chamber de- in this effort. Santorum Stevens siring to vote? The PRESIDING OFFICER. The Sen- NOT VOTING—2 The result was announced—yeas 48, ator’s time has expired. Brownback Kerry nays 50, as follows: Who seeks time in opposition? The amendment (No. 3353) was re- [Rollcall Vote No. 138 Leg.] The Senator from Virginia is recog- jected. YEAS—48 nized for 1 minute. Mr. WARNER. Mr. President, I move Akaka Dorgan Leahy Mr. WARNER. Mr. President, I say to to reconsider the vote. Baucus Durbin Levin colleagues, in all candor, this is the Mr. STEVENS. I move to lay that Bayh Edwards Lincoln third vote on the same issue. They Biden Feingold McCain motion on the table. Bingaman Feinstein Mikulski have addressed the issues in this The motion to lay on the table was Boxer Graham (FL) Murray amendment on two occasions, and by agreed to. Breaux Hagel Nelson (FL) significant margin we have decided to AMENDMENT NO. 3423 Byrd Harkin Nelson (NE) reject in any way taking the Missile Cantwell Hollings Pryor The PRESIDING OFFICER. Under Defense Program and changing it at Carper Inouye Reed the previous order, the vote will now Clinton Jeffords Reid this time. They voted on the Levin occur on the Byrd amendment to be Conrad Johnson Rockefeller amendment and rejected it. They voted Corzine Kennedy Sarbanes preceded by 2 minutes of debate equal- on my amendment, which was to an Daschle Kohl Schumer ly divided. The Senate will come to Dayton Landrieu Stabenow earlier Reed amendment on much the order. Dodd Lautenberg Wyden same principle, and rejected the The Senator from West Virginia is amendment of the Senator from Rhode NAYS—50 recognized to speak for 1 minute on his Island. Alexander Dole Miller amendment. Allard Domenici Murkowski I say to my colleagues we have to Mr. BYRD. Mr. President, this Allen Ensign Nickles have some consistency. Regrettably, amendment increases U.S. support for Bennett Enzi Roberts we are asked for a third vote on the Bond Fitzgerald Plan Colombia. My amendment raises Santorum same issue. I strongly urge my col- Bunning Frist Sessions the cap on the number of U.S. military Burns Graham (SC) Shelby leagues to reject this amendment. and civilian personnel who can partici- Campbell Grassley Smith The PRESIDING OFFICER. The Sen- Chafee Gregg Snowe pate in Plan Colombia. My amendment Chambliss Hatch ator’s time has expired. Specter fully supports Colombia’s war against Cochran Hutchison The question is on agreeing to Stevens drug trafficking and narcoterrorists. Coleman Inhofe amendment No. 3353. The yeas and nays Collins Kyl Sununu The difference between this amend- Cornyn Lieberman Talent have been ordered. The clerk will call ment and the administration proposal Thomas Craig Lott the roll. contained in the bill is that my amend- Crapo Lugar Voinovich The assistant legislative clerk called DeWine McConnell Warner ment is intended to meet immediate the roll. requirements whereas the administra- NOT VOTING—2 Mr. MCCONNELL. I announce that tion is projecting future requirements. Brownback Kerry the Senator from Kansas (Mr. My amendment increases the military The amendment (No. 3377) was re- BROWNBACK) is necessarily absent. and civilian caps from 400 to 500 each. jected. I further announce that if present The administration’s proposal doubles Mr. WARNER. I move to reconsider and voting the Senator from Kansas the troop cap from 400 to 800 and in- the vote, and I move to lay that mo- (Mr. BROWNBACK) would vote ‘‘nay.’’ creases the civilian cap from 400 to 600. tion on the table. Mr. REID. I announce that the Sen- By their own admission, that is far The motion to lay on the table was ator from Massachusetts (Mr. KERRY) more than either the State or Defense agreed to. is necessarily absent. Department need in Colombia next AMENDMENT NO. 3353 The PRESIDING OFFICER. Are there year. The PRESIDING OFFICER. Under any other Senators in the Chamber de- The administration wants flexibility. the previous order, a vote will now siring to vote? I believe Congress should insist on ac- occur on the Reed amendment to be The result was announced—yeas 45, countability and oversight. U.S. mili- preceded by 2 minutes of debate equal- nays 53, as follows: tary forces are already stretched to the ly divided. [Rollcall Vote No. 139 Leg.] breaking point across the globe. U.S. The Senator from Rhode Island. YEAS—45 troops in Iraq are being forced to ex- Mr. REED. Mr. President, I ask unan- Akaka Dorgan Leahy tend their tours as a result of stop-loss imous consent that Senator CORZINE be Baucus Durbin Levin orders. Prospects remain strong that added as a cosponsor. Biden Edwards Lincoln thousands upon thousands of American Bingaman Feingold Mikulski The PRESIDING OFFICER. Without Boxer Feinstein Murray troops will be needed to quell the vio- objection, it is so ordered. Breaux Graham (FL) Nelson (FL) lence in Iraq for years to come. Mr. REID. Mr. President, for years, Byrd Harkin Nelson (NE) This is not the time, Colombia is not Cantwell Hollings Pryor the plan for missile defense, which is Carper Inouye Reed the place, for yet another large in- placed in Alaska, provided for 20 inter- Clinton Jeffords Reid crease in the deployment of U.S. forces ceptors. Suddenly, this year the admin- Conrad Johnson Rockefeller overseas. My amendment is a respon- istration asked for 10 additional inter- Corzine Kennedy Sarbanes sible approach to support the worthy Daschle Kohl Schumer ceptors. My amendment will simply Dayton Landrieu Stabenow goals of Plan Colombia while maintain- fence the acquisition of these intercep- Dodd Lautenberg Wyden ing congressional oversight on what is tors pending operational testing. These NAYS—53 an increasingly complex and dangerous interceptors and their warheads have mission. I urge my colleagues to sup- Alexander Coleman Graham (SC) never been used in interceptor tests. Allard Collins Grassley port the amendment. They are virtually untested. Allen Cornyn Gregg The PRESIDING OFFICER. The time The underlying amendment would Bayh Craig Hagel of the Senator has expired. Who seeks Bennett Crapo Hatch allow for the acquisition but would Bond DeWine Hutchison time in opposition? condition that on operational testing. I Bunning Dole Inhofe The Senator from Virginia. think we will learn a lot from oper- Burns Domenici Kyl Mr. WARNER. Mr. President, I urge ational testing. I think we should have Campbell Ensign Lieberman colleagues to give the most careful Chafee Enzi Lott operational testing. The question is, Chambliss Fitzgerald Lugar consideration to this amendment. How Why do we want to buy 10 additional Cochran Frist McCain well each of us knows the fragility of

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.009 S23PT1 S7226 CONGRESSIONAL RECORD — SENATE June 23, 2004 the Central American band of coun- EXECUTIVE SESSION served on the board of Centro tries. Colombia has shown the for- Guayacan, a multicultural educational titude, the courage, the strength, the community center, Riverside Care of sacrifice to take on adversity and they NOMINATION OF JUAN R. SANCHEZ Chester County, Chester County Hos- have met with success. This is a very TO BE UNITED STATES DISTRICT pital, the YMCA of Central Chester modest number increase in troops, es- JUDGE FOR THE EASTERN DIS- County and the YMCA of Brandywine sential at this time to keep that for- TRICT OF PENNSYLVANIA Valley, the Volunteer English Program ward momentum going. I strongly urge The PRESIDING OFFICER. Under in Chester County, and Community that you vote against the Byrd amend- the previous order, the Senate will now Volunteers in Medicine. He has also ment. move to executive session. served as a commissioner for the Hous- The PRESIDING OFFICER. All time The clerk will report. ing Authority of Chester County and as having been yielded back, under the The legislative clerk read the nomi- an advisor to the United Way of Ches- previous order, the question occurs on nation of Juan R. Sanchez, of Pennsyl- ter County. He has received several agreeing to the Byrd amendment on vania, to be United States District awards for his service as a judge and which the yeas and nays have been or- Judge for the Eastern District of Penn- his service to the community. dered. sylvania. Again, I express my strong support The PRESIDING OFFICER. Under for his nomination. I thank Judge The clerk will call the roll. the previous order, there will now be 4 Sanchez for his willingness to serve The legislative clerk called the roll. minutes of debate on the nomination Pennsylvania on the Federal bench. I Mr. MCCONNELL, I announce that equally divided. look forward to his approval by the the Senator from Kansas (Mr. The PRESIDING OFFICER. The Sen- Senate and urge my colleagues to sup- BROWNBACK) is necessarily absent. ator from Pennsylvania. port his confirmation. Mr. SPECTER. Mr. President, the In addition to what Senator SPECTER I further announce that if present first nomination is Juan Sanchez. He said, this man has made a tremendous and voting the Senator from Kansas was born in Puerto Rico. He immi- contribution to the Hispanic commu- (Mr. BROWNBACK) would vote ‘‘nay.’’ grated to the United States. This is a nity in Chester County and has done a Mr. REID. I announce that the Sen- great Horatio Alger’s success story. He lot in the strengthening and building of ator from Massachusetts (Mr. KERRY) was educated at City College of New that community. He has great legal is necessarily absent. York, bachelor’s degree with cum talent to go along with it. He is truly The PRESIDING OFFICER. Are there laude. He is a graduate of the Univer- an extraordinary person, will be an ex- any other Senators in the Chamber de- sity of Pennsylvania Law School. He traordinary judge, and has been an ex- siring to vote? has been in the private practice of law traordinary judge in Chester County. The result was announced—yeas 40, and has performed community service Mr. LEAHY. Mr. President, I note by nays 58, as follows: in the Legal Aid Society for the last 5 this vote that 20 of the 44 active Fed- years. He has been a common pleas eral circuit court district judges from [Rollcall Vote No. 140 Leg.] judge in Chester County, PA. Pennsylvania will be made up of nomi- YEAS—40 He brings outstanding credentials nees of President Bush. I mention this Akaka Durbin Levin and is a product of the nominating because some think that somehow he Baucus Edwards Lincoln panel organized by my distinguished has not been able to get a lot of nomi- Biden Feingold Mikulski colleague, Senator SANTORUM, and my- nations through. This is a sharp con- Bingaman Fitzgerald Murray self. trast to the way vacancies in Pennsyl- Boxer Harkin Pryor Breaux Hollings Reed I yield to my colleague. vania were left unfilled during Repub- Byrd Inouye Reid The PRESIDING OFFICER. The jun- lican control of the Senate when Presi- Cantwell Jeffords Rockefeller ior Senator from Pennsylvania. dent Clinton was in the White House. Carper Johnson Sarbanes Conrad Kennedy Mr. SANTORUM. Mr. President, I am Republicans denied votes to nine dis- Schumer Corzine Kohl pleased to support the confirmation of tricts and one circuit court nominee of Stabenow Daschle Landrieu Wyden Judge Juan R. Sanchez to the U.S. Dis- President Clinton in Pennsylvania. Dayton Lautenberg trict Court, Eastern District of Penn- Dorgan Leahy That was notwithstanding the very sylvania. I thank the President for his honest due diligence of the senior Sen- NAYS—58 nomination of this excellent candidate ator from Pennsylvania, Mr. SPECTER, Alexander Dole Miller and to congratulate Judge Sanchez and who tried to get them confirmed. Oth- Allard Domenici Murkowski his family. ers in his party blocked a vote. I do not Allen Ensign Nelson (FL) Judge Sanchez is a cum laude grad- Bayh Enzi want to see that happen again in Penn- Nelson (NE) uate of the City College of the City Bennett Feinstein Nickles sylvania. Bond Frist Roberts University of New York. He received Today the Senate considers the nom- Bunning Graham (FL) Santorum his law degree from the University of ination of Juan Ramon Sanchez to be a Burns Graham (SC) Sessions Campbell Grassley Pennsylvania Law School in 1981. Since United States District Judge for the Shelby Chafee Gregg 1998, he has served as a judge on the Eastern District of Pennsylvania. I am Smith Chambliss Hagel Snowe Court of Common Pleas, 15th Judicial glad that the Republican majority has Clinton Hatch District of Pennsylvania in West Ches- finally decided to proceed to this well- Cochran Hutchison Specter Coleman Inhofe Stevens ter, PA. qualified Hispanic nominee, since they Collins Kyl Sununu Judge Sanchez brings to the bench departed from the order of the Execu- Cornyn Lieberman Talent wide-ranging legal experience. He tive Calendar last week and did not Craig Lott Thomas Crapo Lugar Voinovich served as a staff attorney for Legal Aid schedule a confirmation vote for Mr. DeWine McCain Warner of Chester County in West Chester, PA, Sanchez, despite the fact that he would Dodd McConnell from 1981 to 1983. He had a general have received unanimous Democrat legal practice and was a partner with support. NOT VOTING—2 Nester, Nester & Sanchez from 1983 to Judge Sanchez has served as a judge Brownback Kerry 1990. He as a sole practitioner from 1990 on the Court of Common Pleas in Ches- The amendment (No. 3423) was re- to 1997. Judge Sanchez also served as a ter County, PA since 1998. Prior to jected. senior trial attorney at MacElree, Har- that, he worked for Legal Aid of Ches- vey, Gallagher, Featherman & Sebas- ter County, in private practice, and as Mr. WARNER. I move to reconsider tian. Judge Sanchez serves as an ad- a senior trial attorney with the Ches- the vote. junct professor at West Chester Univer- ter County Public Defender’s Office. Mr. SANTORUM. I move to lay that sity, Immaculata University, and Judge Sanchez has devoted a substan- motion on the table. Villanova University School of Law. tial amount of time to pro bono work The motion to lay on the table was Judge Sanchez has served his com- in his community and, in particular, to agreed to. munity in numerous ways. He has assisting Latino individuals and groups

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.054 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7227 in various legal matters, including A look at the Federal judiciary in Judge Sanchez is exceptionally quali- housing, employment, and immigra- Pennsylvania demonstrates yet again fied for the Federal bench. He presently tion. He has also served on the Penn- that President Bush’s nominees have serves on the Court of Common Pleas sylvania Supreme Court’s Committee been treated far better than President in the 15th Judicial District of Penn- on Racial and Gender Bias in the Jus- Clinton’s and shows dramatically how sylvania, having been elected to that tice System and the Racial Ethnic Bias Democrats have worked in a bipartisan position in 1997. Implementation Committee of the Ju- way to fill vacancies, despite the fact Upon graduating from the University dicial Council. that Republicans blocked more than 60 of Pennsylvania Law School in 1981, he While some people have accused of President Clinton’s judicial nomi- became a staff attorney for Legal Aid Democrats of being anti-Hispanic, our nees. With this confirmation, 20 of of Chester County. Two years later, he record of confirming Hispanic nomi- President Bush’s nominees to the Fed- joined the Chester County Public De- nees is excellent. Judge Sanchez is the eral courts in Pennsylvania will have fender’s Office as a senior trial attor- 18th Latino confirmed to the Federal been confirmed, more than for any ney—a position that he retained until courts in the past three years. With the other state. 1997. During that period, Judge exception of Mr. Estrada, who failed to With this confirmation, President Sanchez also worked for two law firms answer many questions and provide the Bush’s nominees will make up 20 of the and as a sole practitioner, representing Senate with his writings and views, we 44 active Federal circuit and district Spanish-speaking individuals in a wide have pressed forward to confirm all of court judges for Pennsylvania—that is variety of legal areas. the other Latinos whose nominations more than 40 percent of the Pennsyl- Judge Sanchez has dedicated his ca- vania Federal bench. On the Pennsyl- have been reported to the floor. Demo- reer to serving the disadvantaged in vania district courts alone, President crats have supported the swift con- Chester County, PA, and his impressive Bush’s influence is even stronger, as firmation of 18 of President Bush’s 22 credentials are reflected in his unani- his nominees will now hold 17 of the 36 Latino nominees. mous ‘‘Well Qualified’’ rating by the active seats. In other words, nearly While President Clinton nominated American Bar Association. half of the district court seats in Penn- 11 Latino nominees to Circuit Court Judge Sanchez is an extremely well- sylvania will be held by President positions, three of those 11 were qualified nominee. I am confident that Bush’s appointees. Republican ap- blocked by the Republican Senate and he will be a fine addition to the bench never given a vote. President Bush has pointees will outnumber Democratic appointees by nearly two to one. and urge my colleagues to join me in only nominated four Latino nominees supporting his confirmation. to Circuit Court positions, three of This is in sharp contrast to the way vacancies in Pennsylvania were left un- Mr. President, I ask for the yeas and whom have been confirmed with Demo- nays. cratic support. President Bush’s 22 filled during Republican control of the Senate when President Clinton was in The PRESIDING OFFICER (Mr. Latino nominees constitute less than the White House. Republicans denied CORNYN). Is there a sufficient second? 10 percent of his nominees, even though votes to nine district and one circuit There is a sufficient second. Latinos make up a larger percentage of court nominees of President Clinton in The question is, will the Senate ad- the U.S. population. Pennsylvania alone. Despite the efforts vise and consent to the nomination of It is revealing that this President has Juan R. Sanchez, of Pennsylvania, to nominated more people associated with and diligence of the senior Senator from Pennsylvania, Senator SPECTER, be United States District Judge for the the Federalist Society than Hispanics, Eastern District of Pennsylvania. African Americans and Asian Ameri- to secure the confirmation of all of the judicial nominees from every part of The clerk will call the roll. cans, combined. While President Clin- his home state there were 10 nominees The assistant legislative clerk called ton cared deeply about diversity on the by President Clinton to Pennsylvania the roll. Federal bench, this President is more vacancies who never got a vote. De- Mr. REID. I announce that the Sen- interested in narrow and slanted judi- spite records that showed these to be ator from Massachusetts (Mr. KERRY) cial ideology. Forty-five of President well-qualified nominees, many of their is necessarily absent. Bush’s nominees to the Federal courts nominations sat pending before the Mr. MCCONNELL. I announce that have been actively involved, either as Senate for more than a year without the Senator from Kansas (Mr. members or speakers, in the Federalist being considered. Such obstruction pro- BROWNBACK) is necessarily absent. Society. vided President Bush with a significant The Federalist Society is sometimes I further announce that if present opportunity to shape the bench accord- mischaracterized as a mere debating and voting the Senator from Kansas ing to his partisan and ideological society, but according to its own state- (Mr. BROWNBACK) would vote ‘‘yea’’. goals. ment of purpose, it is a group with a The PRESIDING OFFICER. Are there New articles in Pennsylvania have any other Senators in the Chamber de- point of view: ‘‘The Federalist Society highlighted the way that President for Law and Public Policy Studies is a siring to vote? Bush has been able to reshape the Fed- The result was announced—yeas 98, group of conservatives and libertarians eral bench in Pennsylvania. For exam- interested in the current state of the nays 0, as follows: ple, The Philadelphia Inquirer, ob- [Rollcall Vote No. 141 Ex.] legal order.’’ One of the goals of the served that the significant number of Federalist Society is the ‘‘reordering of vacancies on the Pennsylvania courts YEAS—98 priorities within the legal system.’’ ‘‘present Republicans with an oppor- Akaka Conrad Hagel Alexander Cornyn Harkin The administration wants to have it tunity to shape the judicial makeup of both ways. They want to take credit Allard Corzine Hatch the court for years to come.’’ Allen Craig Hollings with the Federalist Society and hard- Like other nominees of President Baucus Crapo Hutchison right conservatives when they nomi- Bush, Judge Sanchez has been very in- Bayh Daschle Inhofe nate ideological nominees, but they Bennett Dayton Inouye volved in the Republican party. He has Biden DeWine Jeffords want to pretend that ideology does not assured me that he will be fair to all Bingaman Dodd Johnson matter. If ideology does not matter to those who come before him. I hope that Bond Dole Kennedy the President, why has he nominated he will follow the law and treat all who Boxer Domenici Kohl more members of the Federalist Soci- Breaux Dorgan Kyl appear before him fairly regardless of Bunning Durbin Landrieu ety than he has members of minority their ideology or party affiliation. Burns Edwards Lautenberg groups? The President has shown that I congratulate Mr. Sanchez and his Byrd Ensign Leahy he is steadfastly committed to packing family today on his confirmation. Campbell Enzi Levin Cantwell Feingold Lieberman the courts with individuals who will Mr. HATCH. Mr. President, I am Carper Feinstein Lincoln shape the bench according to his ideo- pleased today to speak in support of Chafee Fitzgerald Lott logical goals rather than creating Juan Sanchez, who has been nominated Chambliss Frist Lugar courts that are fair, balanced, inde- to be a United States District Judge Clinton Graham (FL) McCain Cochran Graham (SC) McConnell pendent, and reflective of the diversity for the Eastern District of Pennsyl- Coleman Grassley Mikulski within our country. vania. Collins Gregg Miller

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.057 S23PT1 S7228 CONGRESSIONAL RECORD — SENATE June 23, 2004 Murkowski Rockefeller Stabenow to the leadership on both sides of the in endorsing Walt Kelley for this judge- Murray Santorum Stevens aisle for bringing Mr. Kelley’s nomina- ship for the U.S. District Court for the Nelson (FL) Sarbanes Sununu Nelson (NE) Schumer Talent tion before the full Senate. Eastern District of Virginia. I have Nickles Sessions Thomas When Senator ALLEN and I first known him for many decades. He is a Pryor Shelby Voinovich learned of the vacancy on the Eastern patient man and an outstanding law- Reed Smith Warner District of Virginia bench, we began yer. Reid Snowe Wyden Roberts Specter our search to find the most qualified Senator WARNER and I interviewed and well-respected individual to fill NOT VOTING—2 many highly qualified candidates for that vacancy. During that process, one that judgeship in the Eastern District Brownback Kerry name repeatedly was brought up. That of Virginia. Walt Kelley has extensive The nomination was confirmed. name was Walt Kelley. trial experience and, most importantly, f Walt Kelley graduated with his bach- has the right philosophy as a judge and elor’s degree, cum laude, in 1977 from will not invent the law but interpret it NOMINATION OF WALTER D. my alma mater, Washington & Lee KELLEY, JR. TO BE UNITED according to the facts. University. Then, after working for a I hope my colleagues will support his STATES DISTRICT JUDGE FOR year as a Press Secretary to a member THE EASTERN DISTRICT OF VIR- nomination. of the United States House of Rep- Mr. HATCH. Mr. President, I rise GINIA resentatives, he returned to Wash- today to express my strong support for The PRESIDING OFFICER. The ington & Lee and earned his law de- the confirmation of Walter D. Kelley clerk will state the nomination. gree, magna cum laude. Jr. to serve as a judge for the United The assistant legislative clerk read Subsequent to law school, Mr. Kelley States District Court for the Eastern the nomination of Walter D. Kelley, of served as a law clerk to a judge on the District of Virginia. Virginia to be United States District United States Court of Appeals for the Mr. Kelley received both his under- Judge for the Eastern District of Vir- Second Circuit, in New York City. We graduate and his law degree, magna ginia. are fortunate in Virginia that after he cum laude, from Washington and Lee Mr. WARNER. Mr. President, the completed his clerkship, Mr. Kelley re- University. Upon graduation from law chairman of the Judiciary Committee turned to his home town of Norfolk, school, he clerked for Judge Ellsworth is here. Senator ALLEN and I need to VA to practice law. Van Graafeiland on the Second Circuit. have a few minutes together. Since then, for the past 22 years, In 1982, he joined the Norfolk, VA, There is no greater responsibility as Walt Kelley has practiced law for two law firm of Wilcox and Savage. Since a Senator than selecting for rec- of Virginia’s best law firms, Wilcox & 2001, he has been a partner at Trout- ommendation to a President our nomi- Savage PC, and Troutman Sanders man Sanders in Norfolk, where he prac- nees to the Federal judiciary. I have LLP. During these two decades plus of tices in the area of business litigation known Mr. Kelley for many years. He his legal career, his practice has fo- with an emphasis on intellectual prop- graduated cum laude from my alma cused primarily on complex business erty and antitrust law. mater, Washington and Lee University. litigation before the Federal courts. Aside from his private practice, Mr. Moreover, during these 22 years, Mr. After working for a year as a press sec- Kelley has devoted significant time to Kelley has earned a reputation for not retary to a member of the U.S. House improving the legal community as a only being one of the best lawyers in of Representatives, he returned to leader in bar activities. He has served Virginia, but also being one of the best Washington and Lee and earned his law as a mentor to younger attorneys, a lawyers in America. Each year, since degree magna cum laude. quasi-judge of the Norfolk Circuit 1997, he has been listed in The Best Subsequent to law school, Mr. Kelley Court, and as a law professor. He also served as a law clerk to a judge on the Lawyers in America for business litigation. This is a publication that lists served on the Virginia Attorney Gen- U.S. Court of Appeals for the Second eral’s Task Force on Higher Education; Circuit in New York City. We are fortu- the ‘‘best’’ lawyers in America based on the recommendations of other law- as rector and a member of Old Domin- nate that when he completed his clerk- yers all across America. ion University Board of Visitors; as a ship, Mr. Kelley returned home to Nor- But, not only is Mr. Kelley dedicated chairman and director of the Hampton folk, VA, where he practiced law with to his family and to his legal career, he Roads Board of the Salvation Army; great distinction. also has taken the time to give back to and as a trustee of the Norfolk Colle- Article II, Section 2 of the Constitu- his community. In addition to other giate School. tion provides the President with the community activities, he is a member Walter Kelley is an extremely well- authority to nominate, with the ‘‘Ad- and the former rector of the Old Do- qualified nominee with a significant vice and Consent of the Senate,’’ indi- minion University Board of Visitors in amount of litigation experience. The viduals to serve as judges on the Fed- Norfolk, VA, and he is a member of the American Bar Association unani- eral courts. Thus, the Constitution pro- Virginia Business Higher Education mously bestowed on him its highest vides a role for both the President and Council. rating of ‘‘Well Qualified,’’ in recogni- the Senate in this process. The Presi- Mr. President, Walt Kelley has my tion of his outstanding legal skills and dent has the power to nominate, and strong support and the strong support reputation. He will make an excellent the Senate has the power to render of Senator ALLEN. In addition, he has addition to the Federal bench and I ‘‘Advice and Consent’’ on the nomina- the support of Virginia’s legal commu- urge my colleagues to join me in sup- tion. nity. The Virginia State Bar; Virginia porting his confirmation. In fulfillment of this constitutional Bar Association; the Virginia Associa- Mr. LEAHY. Mr. President, today we responsibility, after Judge Morgan of tion of Defense Attorneys; and the Nor- are asked to consider the nomination the Eastern District of Virginia bench folk & Portsmouth Bar Association all of Walter Kelley, Jr. to the Eastern took senior status, Senator ALLEN and support Mr. Kelley’s nomination. Fur- District of Virginia. Mr. Kelley is cur- I had the honor of recommending Wal- thermore, the American Bar Associa- rently a partner with the Norfolk office ter Kelley to President Bush to fill tion has unanimously rated Mr. Kelley of the Troutman Sanders law firm. He that vacancy. After reviewing our rec- as ‘‘well qualified’’ for this judgeship. has significant civil litigation experi- ommendations, President Bush nomi- I know that Walt Kelley is a fine ence. The ABA unanimously found Mr. nated Mr. Kelley. nominee. If confirmed, he will serve on Kelley to be well-qualified to be a dis- Mr. Kelley’s nomination was subse- the bench in Virginia with distinction. trict court judge. He also has the sup- quently received by the Senate, and in I urge my colleagues to support his port of both of his home-State Sen- a timely fashion, the Senate Judiciary nomination. ators. Committee provided its unanimous ap- The PRESIDING OFFICER. The jun- It should be noted that Mr. Kelley proval of this nominee. I am grateful to ior Senator from Virginia is recog- has been very active in Republican pol- Chairman HATCH and Senator LEAHY nized. itics over the past several decades. Mr. for their hard work in moving this Mr. ALLEN. Mr. President, I join my Kelley recently served as the Chairman nomination forward. And, I am grateful colleague and friend, Senator WARNER, of the Republican Party of Norfolk for

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.016 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7229 four years. He is currently involved in Graham (FL) Levin Rockefeller Mr. FRIST. Mr. President, that is a Republican political action com- Graham (SC) Lieberman Santorum correct. The clarification I made was Grassley Lincoln Sarbanes mittee and serves as Director of the Gregg Lott Schumer that initially we would follow the De- Downtown Republican Club. A few Hagel Lugar Sessions fense authorization with class action. years ago, upon being elected Rector of Harkin McCain Shelby Now in effect what we are doing is we Hollings McConnell the Old Dominion University Board of Snowe are going to finish the Defense author- Hutchison Mikulski Specter Inhofe Miller Visitors, Mr. Kelley was asked about Stabenow ization today, go to Defense appropria- Inouye Murkowski the political nature of the position and Stevens tions, to be followed by class action. Jeffords Murray Sununu Mr. DASCHLE. Mr. President, I ap- politics in general, when he answered, Johnson Nelson (FL) ‘‘[i]f you really believe strongly in how Kennedy Nelson (NE) Talent preciate that. I have made it clear I am it is you think Government should act Kohl Nickles Thomas not a supporter of the class action bill, Voinovich with the citizenry . . . you can’t sit on Kyl Pryor but I have made a commitment to Landrieu Reed Warner the sidelines and not be in the game. Lautenberg Reid Wyden many of the colleagues in my caucus You’re either in there trying to make Leahy Roberts with regard to the assurances we have happen that which you believe in, or NOT VOTING—6 provided to them in the past that they you’re ceding the whole debate to the would have a chance to have this legis- Bennett Crapo Kerry other side.’’ Brownback Hatch Smith lation brought before the Senate and offer the appropriate amendments. I trust that Mr. Kelley will not be- The nomination was confirmed. lieve that he can continue this advo- The PRESIDING OFFICER. The They have been very patient. We have cacy as a judge. By taking his oath of President will be notified of the Sen- asked them to delay consideration of office he will be expected to assume a ate’s action. this bill now on several occasions, but position of impartiality and discard his with the assurances given by the ma- previous partisan advocacy. Certainly, f jority leader, I have no objection. we can all agree that the Federal bench LEGISLATIVE SESSION The PRESIDING OFFICER. The Sen- is not the place to advocate any agenda The PRESIDING OFFICER. Under ator from Delaware. other than fairness. the previous order, the Senate will now Mr. CARPER. Reserving the right to I congratulate Mr. Kelley and his return to legislative session. object, I will not object, I express my thanks to both leaders for that col- family on his confirmation today. f Mr. President, again, he had the loquy and this brief discussion we have highest ABA rating and is strongly COSPONSORSHIP—S. 1246 had. As both leaders know, the move- supported by the two Senators from Mr. ROBERTS. I ask unanimous con- ment of this legislation is a priority for Virginia. I hope everybody on this side sent that Senator JOHN BREAUX be a number of us, certainly for me, and I of the aisle will vote for him. added as a cosponsor to a bill I intro- am gratified that once we have dis- Mr. President, I ask for the yeas and duced on June 12, 2003, S. 1246, to per- posed of the Defense appropriations nays. mit charitable and educational organi- bill, the next bill we will turn to is The PRESIDING OFFICER. Is there a zations to make collegiate housing and class action. I express my thanks to sufficient second? infrastructure grants and continue to the majority leader for making that There is a sufficient second. be treated as tax-exempt organizations. clear, and to the Democratic leader, The question is, Shall the Senate ad- The PRESIDING OFFICER. Without Senator DASCHLE, for his steadfast po- vise and consent to the nomination of objection, it is so ordered. sition, realizing this is not legislation Walter D. Kelley, Jr., of Virginia, to be f that is at the top of his list of prior- United States District Judge for the ities. UNANIMOUS CONSENT The PRESIDING OFFICER. Without Eastern District of Virginia? AGREEMENT—S. 2062 The clerk will call the roll. objection, it is so ordered. The legislative clerk called the roll. Mr. FRIST. Mr. President, briefly I f have a consent regarding the class ac- Mr. MCCONNELL. I announce that TRIBUTE TO MATTHEW ‘‘MATTIE’’ the Senator from Kansas (Mr. tion legislation which has been cleared on both sides. Before proceeding, I re- JOSEPH THADEUS STEPANEK BROWNBACK), the Senator from Utah mind everyone that an earlier order Ms. MIKULSKI. Mr. President, I rise (Mr. BENNETT), the Senator from Idaho provided we would proceed to the class to inform my colleagues and all who (Mr. CRAPO), the Senator from Utah action legislation following completion are watching that a wonderful Amer- (Mr. HATCH), and the Senator from Or- of Defense authorization, which I ex- ican passed away yesterday. He was a egon (Mr. SMITH) are necessarily absent. pect we will be able to complete today. 13-year-old boy who lost his life to I further announce that if present However, we now have a Defense appro- muscular dystrophy. He was known to and voting the Senator from Kansas priations bill available and it is vitally the world because of his many appear- important for us to proceed with that ances on radio and TV reading his po- (Mr. BROWNBACK) would vote ‘‘yea.’’ Mr. REID. I announce that the Sen- bill to ensure no disruption in funds to etry. His name was Matthew Joseph our troops. Having said that, this Thadeus Stepanek. The world knew ator from Massachusetts (Mr. KERRY) is necessarily absent. agreement will allow us to proceed to him as ‘‘Mattie.’’ Though this young man’s death is a The PRESIDING OFFICER. Are there the class action legislation without great tragedy, his life was a triumph. any other Senators in the Chamber de- any procedural hurdles following the At age 13, he was a gifted author. He siring to vote? Defense appropriations bill. Therefore, I now ask unanimous con- was even a noted peacemaker. He took The result was announced—yeas 94, sent that the previous order with re- a personal challenge and turned it into nays 0, as follows: spect to Calendar No. 430, S. 2062, the a life of inspiration for all of us. [Rollcall Vote No. 142 Ex.] class action bill, be vitiated and fur- Mattie Stepanek once said, ‘‘I want YEAS—94 ther that the Senate proceed to its con- my message to live beyond me,’’ and it Akaka Campbell Dayton sideration following the disposition of certainly will. His message of peace Alexander Cantwell DeWine and hope has reached millions. Allard Carper Dodd the Defense appropriations bill. Allen Chafee Dole The PRESIDING OFFICER. The mi- He was born in 1990 in Upper Marl- Baucus Chambliss Domenici nority leader. boro, MD, and doctors did not expect Bayh Clinton Dorgan Mr. DASCHLE. Reserving the right him to live more than 24 hours. He suf- Biden Cochran Durbin Bingaman Coleman Edwards to object, I want to make sure I under- fered from a rare form of muscular dys- Bond Collins Ensign stand. The majority leader is proposing trophy. He had two brothers and a sis- Boxer Conrad Enzi that we go to class action immediately ter, all who died before the age of 4. His Breaux Cornyn Feingold following the completion of our work own mom also has muscular dystrophy. Bunning Corzine Feinstein Burns Craig Fitzgerald on the Defense appropriations bill; is Though the disease would eventually Byrd Daschle Frist that correct? render him unable to walk or breathe

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.061 S23PT1 S7230 CONGRESSIONAL RECORD — SENATE June 23, 2004 on his own, he was more than a sur- A daddy, a writer, a public speaker, an indication on my side of the aisle of vivor. He began writing poetry at the And most of all, a peacemaker. the ability with regard to the other age of 3; poems about hope, peace, love. Whoever I am, and whatever happens, side to reach constructive resolution of His life philosophy was, ‘‘Remember to I will always love my body and mind, this matter, I am going to have to ask Even if it has different abilities play after every storm.’’ And he did. Than other peoples’ bodies and minds. that a quorum be put in. Mattie believed wishes could come I will always be happy, because Mr. LEAHY. Mr. President, if the true. Once when he was near death, he I will always be me. Senator—— said he had three wishes. He wanted to Isn’t that great? But the last page in Mr. WARNER. Reserving the right to talk to Jimmy Carter; he wanted to his book is ‘‘The Daily Gift.’’ the floor, I yield for a question from have his book of poems published; and my colleague. You know what? Mr. LEAHY. I wanted to accommo- he wanted to see his poetry read on Tomorrow is a new day. Oprah. And today is a new day. date the distinguished chairman, of Guess what. All three happened. Actually, course. I thought he was about to bring President Carter did call him and talk Every day is a new day. something up. I hope he would not put to him several times. He wrote several Thank you, God, in a quorum call. I would like to speak volumes of poetry. I have one with me For all of these about some of the matters that may be today called ‘‘Heartsongs.’’ This book Special and new days. coming up later. I have been talking reached the best seller’s list because it Mr. President, thank God for Mattie with him and Senator REID and Sen- reached the hearts of so many people. Stepanek and thank God for a loving, ator LEVIN. If it becomes ripe to make As soon as Oprah heard it, she had not wonderful mother, Jeni Stepanek. Our that agreement, naturally I would only read his poetry but had Mattie on hearts go out to express our condo- yield the floor immediately as I did for the show. lences and our sympathy to her for all the chairman. But I find in the joys of He was so sick at times the doctors of the heartache she has had to endure. allergies, my voice is fast disappearing were afraid he wouldn’t make it, but But we thank her for giving us this and I would like to speak now while I through hope and prayer his life was very special gift, Mattie Stepanek, who know I can so speak. saved, one miracle at a time. truly sang from his heart and was a Mr. WARNER. Mr. President, my After the chaos and confusion and peacemaker. good friend and I have done many heartbreak of September 11 and the I yield the floor. things together. At this point in time, terrible anthrax attack on the Capitol, The PRESIDING OFFICER. The Sen- I think, in good faith, the leadership of I was pretty grief stricken. One night ator from Vermont. the Senate, together with the two man- watching C–SPAN, like so many Amer- Mr. LEAHY. I thank the distin- agers, has developed a construct. Until icans at the end of the day, I saw this guished Senator from Maryland for such time as that construct is put in wonderful young boy reading poetry. I what she had to say. My wife and I got place, I must say with due respect I found his words so inspirational, so to know Mattie. My wife invited him to will have to maintain the quorum call. touching, that I immediately contacted speak at the spouses dinner, the First Mr. LEAHY. If the Senator will yield him through his hospital, the wonder- Lady’s luncheon. She told me I had to again before he did that? I note, as the ful Children’s Hospital here in Wash- come down and meet this young man. I Senator knows, I could be speaking ington. remember coming in there and talking now if I wanted to because I already Through the hospital, I arranged a with him. I also talked with him again had the floor and I could have refused visit to him at his home in Upper Marl- by phone. I sort of hung back because I to yield to him. I did not. boro, Maryland. I visited with Mattie was not a Senate spouse. I sort of hung Mr. WARNER. I think you yielded to and his mom, in their apartment espe- back in the corner and listened when me. cially arranged for people who live a he spoke. What an inspirational little Mr. LEAHY. I yielded to him, and life in wheelchairs but refuse to be boy. had I not done that, of course I would handicapped. We had a great time, I know the tug I felt when I turned have retained the floor and would have talking about life. Mattie was so lively, on the news this morning and heard gone forth. so witty. He was so filled with enthu- what we all knew was going to happen Yesterday we had hours upon hours siasm. He was filled with energy. had happened. He is no longer with us. of quorum calls. All I am suggesting is I brought the book that I wrote and Somebody in the news said he prob- that I be allowed to continue, and at he had his. I did a little reading from ably had more life in that short span such point as the Senator reaches an mine and he read his poems. It was a than most people have. The Senator agreement, I would, of course, yield to great afternoon with this special boy, from Maryland said similar things. In whomever wishes to make the unani- there he was in a special motorized this case, it is true. He really had. mous consent request. Being unable to wheelchair with a special apparatus I thank her for her statement. I know do that, I believe my courtesy in giving that enabled him to breathe. Marcelle and I had our hearts enriched up the position I had has not been re- Later on, I went to the Children’s by having met him. turned. But, of course, the Senator has Hospital to give him the Children’s f the parliamentary right to do whatever Hope Medal of Honor. This medal is he wants because he has the floor. NATIONAL DEFENSE AUTHORIZA- given to young heroes who have shown Mr. WARNER. Mr. President, I hope TION ACT FOR FISCAL YEAR valiant effort and courage in facing this is not a matter of courtesy. It is a 2005—Continued life’s daily challenges when they have a matter of pure management of the bill. chronic or life-threatening illness. If Mr. LEAHY. Mr. President, I have There has been a clear understanding anyone deserved it, Mattie deserved it. the floor, though I see the distin- between both sides, and I am abiding I want the world to know who this guished Senator from Virginia and, of by the understanding on this side. I little boy is. I want to tell you first of course, I will yield to him if he is seek- think this side has, in good faith, lived all what he said about himself and then ing the floor. up to its commitments. From all I what he said to us in what then proved Mr. WARNER. Yes, Mr. President, I know, the manager on this side and the to be a farewell. This is the poem. am seeking the floor at this point in leadership on that side is doing every- I am Mattie J.T. Stepanek. time. thing to live up to their commitments. My body has light skin, We have reached a juncture in the Until that time, I suggest the ab- Red blood, blue eyes, and blond hair. bill where the majority leader and the sence of a quorum. Since I have mitochondrial myopathy, distinguished minority leader, together The PRESIDING OFFICER. The I even have a trach, a ventilator, and oxy- with the two managers, are trying to clerk will call the roll. gen. resolve what further business may The assistant legislative clerk pro- Very poetic, I am, and very smart, too. I am always brainstorming ideas and stories. occur on this bill. At this point in time ceeded to call the roll. I am a survivor, but some day, I will see I can only suggest to colleagues we are Mr. WARNER. Mr. President, I ask My two brothers and one sister in Heaven. very close, hopefully, to resolving this unanimous consent that the order for When I grow up, I plan to become matter. But until such time as we get the quorum call be dispensed with.

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.064 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7231 The PRESIDING OFFICER. Without ments we seek, what they are doing, We have not had one trial by mili- objection, it is so ordered. whether intentionally or otherwise, is tary commission yet. And certainly we f contributing to a coverup. determined that some of these people Let me explain why this amendment we called terrorists, who could be held MORNING BUSINESS is so important. There has been much indefinitely, were not terrorists, be- Mr. WARNER. Mr. President, I be- debate over the last several days and cause we let some people go. I suspect lieve good progress is being made. I weeks about the abuse of foreign pris- some more people will be let go. think there could be a proper utiliza- oners, and the guidance provided by We are in this bind because the ad- tion of the time. Given the structure of the President’s lawyers with regard to ministration failed to follow the the understanding at the leadership torture. This debate will continue for Army’s own guidance. The military level, which the Senator from Michi- some time throughout our country, lawyers knew there would be situations gan and I are trying to maintain and particularly as more courts-martial are when the legal status of a foreign per- will maintain, I would suggest that the held, with the facts emerging slowly, son captured by our troops was not Senate now go into a period of morning and as the White House releases only clear, so they devised a very careful, business with Senators to speak up to some of the documents that are needed very basic screening process. By con- 15 minutes. to fully understand the origins of the ducting these status hearings, we Mr. LEAHY. Twenty minutes. scandal. would then know what rights and what Mr. WARNER. Let us say 15 minutes In the meantime, the Senate, the legal protections the individual is enti- with the exception of the Senator from body that is supposed to be the con- tled to. That is the military policy. It Vermont, who desires 20 minutes, and science of the Nation, should act. is certainly the policy our U.S. mili- hopefully Senators who might wish to There are some very basic things we tary wants other countries to follow, address issues relating to the bill can can do to clarify U.S. policy regarding and the one we said we will follow. My amendment further states that it avail themselves of that opportunity. the treatment of foreign prisoners. We is in the interest of the United States Would that be correct? can bring greater transparency to this to expeditiously prosecute the cases of Mr. LEVIN. Reserving the right to issue. That is what my amendment those held at Guantanamo Bay. We object, I surely will not, it is our intent does. It is very straightforward, with have given the administration wide I believe at the end of this first period three basic sections. latitude in how it operates in Guanta- to have our structure put back in First, it lays out U.S. policy with re- namo. Congress understands we are place—that we would immediately regard to the treatment of prisoners. fighting a new kind of war, one where turn to the bill and resolve it. Second, it establishes basic reporting civilians are at great risk, where intel- Mr. WARNER. That is correct. requirements to which the Congress ligence is critical, and where the coun- Mr. President, at this point in time, and the American people are entitled. try has to be tough against its enemy. is my unanimous consent request Finally, it sets out a training require- Having said that, after all the granted? ment for civilian contractors who come months and years we held prisoners in The PRESIDING OFFICER. Is there into contact with foreign prisoners. Guantanamo, not a single case has objection? With regard to the policy, my amend- been prosecuted. Not five, not four, not Without objection, it is so ordered. ment is very forthright. It states that three, not two, not one. Not a single Mr. WARNER. Mr. President, I thank the United States must treat all for- prosecution. One would think that with the distinguished Senator from eign prisoners humanely and in a man- the thousands of lawyers in our mili- Vermont for his usual courtesy. ner that the United States would con- tary and our Justice Department, we Mr. LEAHY. Mr. President, I thank sider legal if perpetrated by the enemy could act with some greater dispatch. my friend from Virginia. For over a against an American prisoner. That is One would think that of all the people quarter of a century we have been ac- a restatement of many decades of U.S. locked up indefinitely, we could have commodating each other. I refer to the policy and the Army’s own regulations. found one, just one, in all those pris- distinguished senior Senator from Vir- My amendment also reaffirms the ob- oners that we could have prosecuted. ginia as ‘‘my Senator’’ when I am away ligation of the United States to abide But that is not the case. from home. I have had the privilege of by the legal prohibitions against tor- For the bad actors, the murders, the living part time during the year in his ture. That is the law of the land. terrorists at Guantanamo, we need to beautiful State, and we have tried to The memos authored by the Justice bring charges against them so that the accommodate each other. I think this Department apparently reveal another victims of their crimes can have jus- is the easiest way out of it. Otherwise, view: that torture can be ordered by tice and so that those accused, if found we would be in a quorum call. I do the President despite clear laws in the guilty, can finally have their fate de- thank him. United States against it. Even Presi- termined. These indefinite detentions, f dent Bush now says he disagrees with where nobody is prosecuted, where no that view. PRISONER ABUSE actions are taken, are contrary to our We should reaffirm that torture is legal system and contrary to the secu- Mr. LEAHY. Mr. President, I under- not allowed under any circumstances. rity interests of the United States. stand that at the time the Leahy The amendment also codifies the In the reporting section of my amendment comes up, there is likely longstanding Army regulation gov- amendment, I ask for four basic pieces to be a tabling motion. It would be, in erning the treatment of foreign pris- of information: One, a quarterly report effect, a second-degree amendment of- oners. That regulation states that providing the number of prisoners who fered by others on the Judiciary Com- where there is doubt about the legal were denied prisoner of war status and mittee. status of a foreign prisoner, then the the basis for denying that status; two, The amendment would require the prisoner is entitled to the protection of the proposed plan for holding military Attorney General to produce docu- the Geneva Convention, at least until a commissions at Guantanamo Bay; ments that the Judiciary Committee status can be appropriately determined third, previous Red Cross reports pro- needs in order to conduct oversight of by a ‘‘competent tribunal.’’ The proce- vided to the military regarding the the Department of Justice. dures for the tribunal are specified in treatment of prisoners—the ICRC re- The Judiciary Committee has to get regulation. ports can be submitted in classified to the bottom of the prisoner abuse Unfortunately, our government has form as the ICRC has requested; and scandal. Aspects of this scandal are ignored this regulation during the four, a report setting forth prisoner in- within the jurisdiction of the Judiciary course of the war on terrorism and the terrogation techniques that have been Committee. To get to the bottom of it, war in Afghanistan. No such screenings approved by the administration. we require documents from the Attor- have been conducted in Afghanistan. Much of this information has drib- ney General. The administration simply designates bled out in press reports and through What happens if we are blocked from someone as a terrorist and that is leaks. Why don’t we set the record that? I say to my friends that if they enough to land them in prison indefi- straight and let the American people vote to block us from getting the docu- nitely. have access to this information?

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.067 S23PT1 S7232 CONGRESSIONAL RECORD — SENATE June 23, 2004 The administration ought to have a put this scandal behind us, first we thority to ask questions and demand more orderly process in place for dis- have to understand what happened. answers today. We have to keep the closing this information. It will require And we cannot get to the bottom of pressure on until we get honesty and some structured reporting that is long this until there is a clear picture of answers. I hope we will stand up and overdue. what happened at the top. say that we are an independent body in Finally, we know that many prison For many months, the Attorney Gen- the Senate and that we are willing to abuses were carried out by civilian con- eral and other senior administration ask questions. tractors. We do not know who these officials have refused to answer letter More and more, the American people people are, where they came from, or requests for documents relating to the can see that when you ask for 23 docu- what they were trained to do. At a interrogations of detainees abroad. ments, and you only get 3, 2 of which minimum, we should require these con- Earlier this month, the Attorney have already been released by the tractors, just as we require of our mili- General appeared before the Judiciary press, that is not cooperation. It is not tary personnel, to be trained in the Committee for the very first time since openness or cooperation when there is laws of war and international humani- the war in Iraq began, but he refused to an arbitrary cutoff of documents after tarian law. It is imperative they under- answer direct questions posed by Sen- April 2003. It is not cooperation when stand what the law requires when it ators and refused to give us the docu- we cannot find out why there is a dif- comes to the treatment of foreign pris- ments we requested regarding the ference between the advice that comes oners. treatment and interrogation of pris- from Attorney General Ashcroft’s of- There is nothing complicated about oners. And not only that, he offered no fice and what the President says he is this amendment. It simply sets out a legal challenge for his refusal, and going to do. And it is certainly not co- more coherent framework with regard practically challenged the Judiciary operation when we cannot get to the to how we treat foreign prisoners. Committee to subpoena him. root of this terrible disconnect between Now, let me turn to the portion of When the Judiciary Committee met stated policy and the photographs of the amendment that I suspect will be last week, I proposed a subpoena. Our the torture at Abu Ghraib. subject to a tabling motion—the sec- Republican colleagues said it was too I must say, I am suspicious because I ond-degree amendment. broad. We narrowed it down to 23 spe- asked about prisoner abuse months be- There is a popular expression used cific documents. When the chairman fore the pictures came out. I have when a group of people mean to work said it was premature, Senator FEIN- asked about Afghanistan. I was told together to protect against possible STEIN proposed that we amend the sub- that the U.S. was complying with the harm or danger. It is called ‘‘circling poena to give the Attorney General Torture Convention. But we now find the wagons,’’ and it comes from Amer- more time to produce the documents that some prisoners died at the hands ican pioneers, who used to form their voluntarily. Even then, it was voted of some of the jailers. wagons into a circle to better defend down. I have asked the same questions against an attack. Yesterday, in a small gesture in re- about Guantanamo, including ques- If a move is made to table this sponse to public pressure, the White tions like why do we have hundreds amendment, I would say that we are House released a tiny subset of the ma- and hundreds and hundreds of detain- seeing a circling of the wagons by Re- terials we sought. All of these should ees, but we cannot find a single one— publicans on behalf of the administra- have been produced earlier. Much more not even one—we feel confident enough tion so that none of the information we remains hidden. Of the 23 we requested, to bring charges against before a mili- seek can come out. I find that regret- we got 3, and of those 3, 2 had already tary commission? It should be one of table, but it is not surprising. It is an been posted on the Internet. So, in ef- the easiest places in the world, if there election year. fect, the administration gave us one is any evidence, to get a conviction. Americans are becoming increasingly voluntarily. Though this is a self-serv- Not one trial out of those hundreds and concerned about the administration’s ing selection of documents, it is a be- hundreds and hundreds of prisoners? handling of the war in Iraq: no weapons ginning. I give the administration cred- Do we wonder why the rest of the of mass destruction, the disingenuous it for that. But for the Judiciary Com- world asks whether America has lost link to the September 11 attacks, the mittee and the Senate to find the its moral compass? As an American, I leak of a CIA operative’s name, the whole truth, we will need much more do not think we have. I believe very months of continued violence against cooperation. strongly in the morality of our coun- Coalition soldiers after the President The documents released yesterday try. But I worry very much about what had proclaimed victory, and then the raised more questions than they an- some of our leaders are holding back. I photographs out of Abu Ghraib. The swered. The White House released a wish we would get all these matters American public is sick and tired of January 2002 memo signed by President out. I believe we would be better off if being lied to. They are sick of the se- Bush calling for the humane treatment we did. We would look better in the crecy. They want answers, but the wag- of detainees. But did the President sign eyes of the rest of the world. The ons continue to circle. any orders or directives after January United States is not a country that can This amendment requires the admin- 2002? Did he sign any with regard to and should condone torture. We are a istration to cooperate with a thorough prisoners in Iraq? Why won’t the Presi- country that expects to play by the congressional investigation, by Repub- dent’s counsel comment on what the highest rules because we ask others to, licans and Democrats alike, into the President said or ordered? even when our enemies do not. Even abuse of prisoners in U.S. custody. It Why did Secretary Rumsfeld issue during the two world wars, we treated requires the release of all documents and later rescind tough interrogation our prisoners humanely. relative to the scandal. All docu- techniques? How did these interroga- This is a question we should ask: ments—not just a few selected by the tion techniques come to be used in Why this sudden change in our poli- administration when the pressure is Iraq, where the administration main- cies? on. tains that it has followed the Geneva I will close by reminding my col- I would say this: Those who want to Conventions? leagues that I think it was about a keep these documents hidden should Where is the remaining 95 percent of year ago the Secretary of Defense said: know that at some point the day of the material requested by members of We will know if we are winning the war reckoning is going to come. We are now the Senate Judiciary Committee? Why on terrorism if we are capturing or at a crisis point. Is the Senate of the is the White House withholding rel- killing or stopping more terrorists United States content to serve as an evant documents that were produced than the madrasas are recruiting and arm of the Executive Branch? Water after April 2003? churning out. flows downhill, and so does Govern- When are we going to stop sitting on After Abu Ghraib, I asked the Sec- ment policy. Somewhere in the upper our hands, becoming a rubberstamp for retary of Defense: By that definition, reaches of this administration a proc- an administration cloaked in secrecy? are we winning or not? He said he did ess was set in motion that seeped for- We have the legal right, the constitu- not know. Obviously, we are not win- ward until it produced this scandal. To tional obligation, and the moral au- ning. There are recruiting posters all

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.070 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7233 over the Middle East, and even into ‘‘war against terrorism’’ and that thing that suggests that a senior civil- Turkey, with photographs from Abu international treaties against torture, ian or military official of the United Ghraib. which the United States ratified, ‘‘may States of America . . . could be charac- If the administration will not come be unconstitutional.’’ And, this report terized as ordering or authorizing or forward on its own, if the administra- continued, Congress is completely pow- permitting torture or acts that are in- tion will not tell us what is happening, erless when the President acts as Com- consistent with our international trea- we—at least the men and women in the mander in Chief. ty obligations or our laws or our values Senate—should have the courage to de- That same day, the Attorney General as a country.’’ mand answers. made his first appearance before the Secretary Rumsfeld should read the In the weeks since a courageous sol- Judiciary Committee in 15 months. He memos written by the Department of dier-whistleblower and a probing jour- refused to give a copy of the Justice Justice and by his own legal staff at nalist revealed to the world the abuses Department memo to members of the the Pentagon. The leaked and released at Abu Ghraib prison, evidence has committee even though he was unable documents reveal plenty to suggest continued to seep out almost daily of to say on what legal authority he based that legal arguments were made and similar mistreatment of prisoners in his refusal. orders were signed in violation of our other U.S. military detention centers A week later, Republicans on the Ju- laws and treaty obligations. The few in Iraq, Afghanistan, and Guantanamo. diciary Committee blocked a subpoena documents released by the White House White House officials and the political seeking these documents. Some called yesterday serve to confirm earlier appointees in the Department of De- it a ‘‘fishing expedition,’’ even though press reports and postings. fense have tried to deflect their own re- we asked for a grand total of 23 docu- A year ago, after learning that the sponsibility by singling out a few ‘‘bad ments. United States might be using tech- The committee of jurisdiction had apples’’ for punishment. niques that pushed the limits of the the opportunity and the responsibility But bit by bit, the press is uncover- Torture Convention, I wrote to the to get us closer to the truth about why ing new information, and it all points White House looking for assurances these abuses occurred, but the Repub- toward those higher up in the chain of that the administration was complying licans chose to circle the wagons in- command. with U.S. and international law. I re- stead of doing what is right for the On May 15 of this year, President ceived a letter that stated clearly and country. Bush said, ‘‘The cruelty of a few has The stonewalling in the prison abuse unequivocally that it was and would brought discredit to their uniform and scandal has been building to a crisis continue to do so. embarrassment to our country.’’ That point. Yesterday, responding to public In fact, we now know that the White statement, it now turns out, was only pressure, the White House has released House and the Pentagon were actively partly true. Since then, we have a small subset of the documents that working to circumvent the law. Guide- learned a great deal about what was offers a glimpse into the genesis of this lines for interrogating prisoners were discussed and debated at the highest scandal. There are many items missing applied routinely in multiple locations levels of our government. from this release, however, including in ways that were illegal. It is also While the President insists that he all but three of the 23 items Judiciary clear that U.S. officials knew the law wants to get to the bottom of this, Committee Democrats requested in the was being violated and for months, pos- high-level White House and Pentagon subpoena that was voted down by Re- sibly years, did virtually nothing about officials refuse to answer questions or publicans last week. Where are the 20 it. to disclose the relevant documents re- remaining documents? Perhaps the Instead, they detailed their lawyers quested by the Congress. most ominous omission is the lack of to find legal loopholes and interpreta- They deny any pattern of illegality any documents reflecting White House tions that would redefine torture and in the interrogation and treatment of involvement in this issue since mili- devise innocuous sounding labels for prisoners, while it becomes clearer by tary action began in Iraq last year. The their interrogation techniques, such as the day that this scandal was set in released documents do not include a ‘‘sensory deprivation’’ or ‘‘stress and motion by the actions of senior offi- single reference to the treatment or in- duress.’’ cials. terrogation of detainees in Iraq, de- I wrote to the White House, the Pen- We learned that in October 2003, Gen- spite the heinous abuses at Abu Ghraib tagon and the CIA last June, a year eral Sanchez ordered the ‘‘harmoni- that we have all seen with our own ago, about the reported torture of Af- zation’’ of military policing and intel- eyes. ghan prisoners by U.S. interrogators in ligence in Iraq, placing military intel- The White House released a Presi- December 2003. Two of those prisoners, ligence in control of key cellblocks at dential memorandum dated February 7, both of young age, had died during in- Abu Ghraib prison. 2002, directing that al-Qaida and terrogation. Others described being We learned from the Washington Taliban detainees be treated hu- forced to stand naked in a cold room Post that, over the past 18 months, the manely. But, did the President sign for days without interruption, with Army has opened investigations into at any directive regarding the treatment their arms raised and chained to the least 91 cases of possible misconduct by or interrogation of detainees after Feb- ceiling and their swollen ankles shack- soldiers against detainees in Iraq and ruary 7, 2002? More specifically, did the led. They said they were denied sleep Afghanistan. And the President talks President sign any directive after the and forced to wear hoods that cut off about a few bad apples. The President’s United States invaded Iraq on March the supply of oxygen. comments have become harder and 19, 2003? These questions remain unan- My letter, and subsequent letters, harder to swallow. swered. were either ignored or received re- We learned on June 7 from the Wall Last week we learned that Secretary sponses which, in retrospect, bore no Street Journal about a March 2003 Pen- Rumsfeld personally approved plans to resemblance to the facts. Sixteen tagon report contending that the Presi- hide some of the prisoners in Iraq so months later, the investigations of dent was not bound by laws prohibiting that they could not be visited by the those deaths, ruled homicides, remain torture. This report went so far as to International Committee of the Red incomplete. say that Government agents who tor- Cross. They became nameless, faceless, Just last week, in a case we had not tured prisoners at the President’s di- and numberless. This is not only known of previously, a CIA contractor rection cannot be prosecuted by the Kafkaesque, it was a direct violation of was indicted for beating an Afghan de- Justice Department. the Geneva Conventions. In a press tainee with a large flashlight. The Af- The very next day, the Washington conference last Thursday, Secretary ghan, who had surrendered himself at Post reported that in August 2002 the Rumsfeld acknowledged his role in hid- the gates of a U.S. military base, died Justice Department advised the White ing these ‘‘ghost prisoners,’’ including in custody on June 21, 2003, just days House that torturing al-Qaida terror- one ‘‘high value’’ prisoner who was lost before I received a letter from the Bush ists in captivity abroad ‘‘may be justi- in custody for 7 months. administration saying that our Gov- fied.’’ The memo argued that the Presi- Yet in the same breath, Secretary ernment was in full compliance with dent has absolute authority in the Rumsfeld said, ‘‘I have not seen any- the Torture Convention.

VerDate jul 14 2003 04:02 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.072 S23PT1 S7234 CONGRESSIONAL RECORD — SENATE June 23, 2004 Prisoners who are suspected of hav- gardless. It is the antithesis of patriot- The United States cannot become the ing killed or attempted to kill Ameri- ism. model of justice our forefathers envi- cans do not deserve comforts. But the And then there is America itself. Our sioned if we continue to tolerate the use of torture undermines our global Bill of Rights was the model for the twisted logic that has been given cur- efforts against terrorism and is be- Universal Declaration of Human rency with increasing regularity in neath a great Nation. Rights. Generations of Americans have U.S. military prisons and in the White It is illegal whether U.S. personnel tried to live up to its promise and to House since 9/11. Some argue it is a new engage in such conduct themselves or set an example for the world. The dam- world since those terrible attacks on they hand over prisoners to the govern- age this administration has caused to our country 3 years ago. And to some ment agents of another country where our credibility and reputation as a na- degree, they are right, which is why we torture is commonly used. That hap- tion of laws and of decency will take have reacted with tougher laws and pened in 2002, when U.S. agents sent a years to repair. Just as they have better tools to fight this war. But do Canadian citizen to Syria, letting oth- squandered so much of the world’s re- we really want to usher in a new world ers do the dirty work. Yet the White spect and support for our country after that justifies inhumane, immoral and House will not provide us with the doc- September 11, so now have they squan- cruel treatment as any means to an uments in which they concoct theories dered much of the human rights leader- end? to justify turning over detainees to for- ship that has taken so many years to As a nation of laws, and as the eign nations that conduct torture. painstakingly build. This is a travesty world’s oldest democracy and cham- There are many victims of this pol- of monumental proportions. pion of human rights, we must cat- icy. First are the Iraqis, Afghans, and The individuals who committed those egorically reject the dangerous notion other detainees, some of them innocent acts are being punished, as they must that is now in our midst, seeking our of any crime, who were tortured or sub- be. But what of those who gave the or- assent, or our silence, that torture can jected to cruel and degrading treat- ders or set the tone or looked the other be legally justified and normalized. ment. The International Committee of way? What of the White House and President Bush has said he wants the the Red Cross reported that it was told Pentagon lawyers who tried to justify whole truth, but he and his administra- by the U.S.-run Coalition Provisional the use of torture in their legal argu- tion have been stonewalling from the Authority in Iraq that 70 to 90 percent ments? These lawyers have twisted the top. The President must order all rel- of those in detention were innocent ci- law, advising the President that for an evant agencies to release the memos vilians who had been swept up in raids. abuse to rise to the level of torture it from which these policies were devised. That was information that U.S. offi- must go on for months or even years, He must clearly and unequivocally cials gave to the ICRC. It came from and be so severe as to generate the order all of his subordinates and every our own Government. It is no wonder type of pain that would result from member of our armed services to ad- that after the horrific images were organ failure or even death. here to our international treaty obliga- broadcast around the world, the Pen- Think about that, and you begin to tions including the Geneva Conven- tagon started to clean out Abu Ghraib, realize how destructive and outrageous tions, the Torture Convention, and all releasing thousands of prisoners who this is. applicable U.S. laws. And finally, there apparently never should have been And what of the President? Last needs to be a thorough, independent in- there. March, referring to the capture of U.S. vestigation of the actions of those in- We now know that many other Iraqis soldiers by Iraqi forces, President Bush volved, from the people who committed and Afghans died in U.S. custody, in said, ‘‘We expect them to be treated abuses, to the officials who set these conditions so abhorrent they conjure humanely, just like we’ll treat any policies in motion. up images reminiscent of a Charles prisoner of theirs that we capture hu- Only when these actions are taken Dickens novel. Many of those deaths manely. If not, the people who mistreat will we begin to heal the damage that were never investigated. the prisoners will be treated as war has been done. The other victims of this policy are criminals.’’ The PRESIDING OFFICER (Ms. COL- our own soldiers, who overwhelmingly At the same time, the President’s LINS). The Senator from Texas. perform their duties with honor and own lawyer, ignoring the Torture Con- f courage, and who now have been un- vention altogether, called the Geneva fairly tarnished and endangered by Conventions ‘‘quaint’’ and ‘‘obsolete.’’ INVESTIGATION INTO TREATMENT these images and this scandal. Today, soldiers who have spoken out OF IRAQI PRISONERS Our troops have also been tarnished about the crimes they witnessed and Mr. CORNYN. Madam President, I by profiteering companies, none more the involvement of their superiors have want to take a few minutes to respond brazen than Halliburton, which have been threatened and punished by the to some of the comments made by the reaped huge profits while our soldiers Defense Department they have honor- Senator from Vermont because I do are risking their lives and losing their ably served. think the characterization he gave to lives. Yet Republicans blocked Senate One need only review history to un- some of what has gone on is at least in- action to make war profiteering a derstand why the law makes no excep- complete. I disagree with some of his crime and hold these people account- tion for torture. The torture of crimi- conclusions, and I want to point out able. nal suspects flagrantly violates the why because I believe the Members of Countless people around the world, presumption of innocence on which our this body deserve to have a complete especially in the Middle East, sus- criminal jurisprudence is based, and picture and at least have the benefit of pected that President Bush’s decision confessions extracted through torture considering alternative conclusions to invade Iraq had a lot more to do are notoriously unreliable. from those drawn by the Senator from with Iraqi oil than with any of the Once exceptions are made for torture Vermont. other reasons he gave that have since it is impossible to draw the line, and I have the high honor of serving on been proven false. more troubling is who would be in both the Senate Armed Services Com- I do not share that view, but what charge of drawing it. If torture is justi- mittee and the Judiciary Committee. better evidence to fuel those charges fied in Afghanistan, why is it not justi- Certainly, the Senator from Vermont than Halliburton’s noncompetitive con- fied in China, or Syria, or Argentina, is the ranking member of the Judiciary tracts and waste. It is fraud and abuse or Miami? Committee, but I would remind this on a scale that would shock the con- If torture is justified to obtain infor- body that the Senate Armed Services science of anyone except perhaps an mation from a suspected terrorist, why Committee, under the leadership of our Enron executive. Halliburton seems to not from his wife or children, or from chairman, has been investigating the regard the U.S. Treasury as its own his friends or acquaintances who might Abu Ghraib prison situation and the in- personal bank account. With ‘‘cost know of his activities or his where- terrogation practices and policies of plus’’ contracts, what do they care how abouts? This has happened in many the U.S. Government since at least much they overcharge the taxpayers? countries, and decades later those soci- May 11. We have had a series of hear- They are guaranteed their profits re- eties are still trying to recover. ings there which have been very helpful

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.074 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7235 in understanding both the nature of And General Abizaid—who I think all ing to kill innocent Americans. We the problem and the nature of the in- of us, as we have come to know more paid the price for not aggressively pur- vestigation that is ongoing, ulti- about him, have come to admire him suing those terrorists and this informa- mately, hopefully, leading up to a con- and his leadership capacity—said forth- tion in the past, at least since 1993, clusion as to who did what, whether rightly: with the bombing of the World Trade there were, indeed, as there appears to Senator, I agree, that’s true. I would also Center. But after 9/11, our Nation found be, some violations of American policy like to add that some of these people that we itself at war with a new kind of enemy with regard to the interrogation of de- are dealing with are some of the most des- from whom we need information, ac- tainees, and, of course, to hold the picable characters you could ever imagine. tionable intelligence, that can mean They spend every waking moment trying to guilty accountable. figure out how to deliver a weapon of mass the difference between life and death That is what we are: We are a nation destruction into the middle of our country. for our troops and our citizens. of laws. We believe in the rule of law. And we should not kid ourselves about what As I said a moment ago, there have We believe the law applies equally to they are capable of doing to us. And we have been many baseless allegations that everyone, no matter how high up in the to deal with them. the Department of Defense has used chain of command you are or how low It is very important to keep in proper torture during interrogations as a mat- you are in the chain of command. And context what is going on and the fact ter of policy. But what happened at I believe we will be true to our ideals in that we are at war, a war not of our Abu Ghraib was not an administration that regard. But I would say that much choosing—of course, we were at- policy, not DOD policy, not CENTCOM of what the Senator from Vermont has tacked—but a war that we must and we policy, or any other official policy. It suggested needs to be produced is sort will finish. was completely beyond the pale of ac- of in a vacuum of sorts, without the I want to point out another thing ceptable behavior, and those respon- benefit of a lot of what the Senate that is important to the overall con- sible will be held to account and will be Armed Services Committee has already text of what the Leahy amendment punished. done, to find out what happened, what seeks to get. That is, we have two cases As recently as yesterday, President the policies were, what the cir- currently pending at the U.S. Supreme Bush made the following comments: cumstances were, whether this rep- Court in the Hamdi and the Padilla We do not condone torture. I have never resents an aberration or whether it cases, where the U.S. Supreme Court ordered torture. I will never order torture. represents something worse. will tell all of us in America what the The values of this country are such that tor- To date I would say it is pretty clear law requires with regard to the treat- ture is not a part of our soul and our being. that what we saw, as a result of a hand- ment of unlawful combatants, includ- Yet despite these unequivocal com- ful of actions on behalf of American ing one who happens to be an American ments from the Commander in Chief, soldiers, was an aberration. And thank citizen, Jose Padilla, but who joined political opponents of this administra- goodness. There is no question, though, arms with the enemy, with the terror- tion continue to allege, without foun- that these soldiers lacked the proper ists who seek to attack and to kill dation, that our Nation’s leaders some- training and, indeed, the proper leader- Americans on our own soil. And that how support the use of torture. It is ship. Those are chain of command advice, that direction is forthcoming. important to remind some of our col- problems and ought to be taken as high It could literally come down, of course, leagues that, again, the purpose of as they go as a result of the investiga- any day now, since the Supreme these interrogations is to gather intel- tion. Court’s term is about to expire. ligence consistent with our values, But as the Presiding Officer knows, The characterization my colleague which means no torture and humane there are at least six different inves- from Vermont gave to these memo- treatment of all detainees. The interro- tigations into the circumstances at the randa is not accurate. As a matter of gations we have conducted in Iraq and Abu Ghraib prison. We need to let that fact, as the Senator may recall—and at Guantanamo Bay have saved Amer- process run its course to find out what maybe he said this; I didn’t hear it— ican lives. I believe it is critical that the facts and circumstances are. As I the Senate Judiciary Committee voted we continue to aggressively, within the recall, we are awaiting the report of against issuing a subpoena but then au- limits of the law and humane treat- General Fay and perhaps others. We thorized the chairman and perhaps the ment, seek actionable intelligence and ought to get to the facts and not suc- ranking member to engage in discus- continue to save American lives. cumb to the temptation during an elec- sions with both Alberto Gonzales, Unfortunately, it seems there is an tion year to overly politicize what is White House counsel, and Attorney irresistible impulse to score cheap po- going on. General Ashcroft to determine what litical points by criticizing the careful, While we have always respected the legal memoranda they might be willing deliberative process the administration rights and the civil liberties of every to voluntarily provide the committee. undertook to ensure that those very American, we also need to be concerned So we voted against issuance of the important interrogations were con- about the rights and the health and the subpoena. ducted within the law. The techniques welfare of our young men and women But whether it is the Bybee memo of our Armed Forces, including those who are serving our Nation so nobly in that has been discussed and covered by used in Iraq or at Guantanamo Bay, the battlefield. That requires the abil- so much of the press, that is 50 pages can hardly be described as torture. ity to get good, actionable intelligence. long, or whether it is any of the other I, like a number of other Members, The present occupant of the Chair memos the Department of Defense and have traveled to Guantanamo Bay to was there at the Senate Armed Serv- Department of Justice released yester- observe for myself, because I was con- ices Committee hearing. General Jef- day, they reveal not a coverup but a cerned. I was interested. I wanted to frey Miller testified on May 19. I asked careful, deliberate, and scholarly ap- learn how we are handling these people him at that hearing: proach to determining what, in fact, who have recruited, trained, and fi- In your opinion, General Miller, is the the law requires. nanced terrorist activity against the military intelligence that you’ve been able If, in fact, as the folks who are sug- United States and, if given the oppor- to gain from those who have recruited, fi- gesting there is some sort of coverup or tunity to do so, would do so again. nanced, and carried out terrorist activities some sort of policy of abuse—either For some reason, there are certain against the United States or our military, one of direction or in terms of creating Members, and indeed certain elements has that intelligence you gained saved Amer- an atmosphere where it should hap- of the press, who are trying to convince ican lives? pen—these memos that have been re- the American public that making a General Miller said: leased completely refute that idea of suspected terrorist stand for 4 hours, or Senator, absolutely. lawlessness that they are seeking to giving them only 4 hours of sleep con- Then I asked General Abizaid, the spin. stitutes torture. They want them to CENTCOM commander: I am deeply disturbed by the increas- believe that poking someone in the And would you confirm for us, General ingly politicized nature of the debate chest with a finger or changing their Abizaid, that that’s also true within the Cen- on the war on terror. We are at war sleep patterns or meal selection is tral Command? against a people who will stop at noth- cruel or inhumane.

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.077 S23PT1 S7236 CONGRESSIONAL RECORD — SENATE June 23, 2004 Let me read quickly some of the ap- it, we have an article entitled ‘‘Memo mittee, this memo of August 1, 2002, by proved methods of interrogation which on Interrogation Tactics Is Dis- Assistant Attorney General Bybee, a some of the critics claim is torture: avowed.’’ memorandum sent to Alberto Gonzales, Asking straightforward questions; in- In this article about the interroga- counsel to President George W. Bush. centive/removal of incentive; emo- tion tactics we learn President Bush’s According to Attorney General tional love, which is playing on the White House is now disavowing an Ashcroft, this memo should not exist. love a detainee has for an individual or opinion from the Department of Jus- He told us in open session it was not group; playing on the hatred an indi- tice issued in August of 2002 relative to his job or the job of this administra- vidual has for a individual or group; interrogation tactics that could be tion to define torture. He said Congress something called fear up harsh; fear up used by the U.S. Armed Forces. It ap- has done that, and the laws do that. mild; reduced fear; pride up and ego up; pears now that this memo has become Look at this memo of August 1, 2002. pride and ego down; futility, which is public, the White House has found it Turn to this infamous page 13 and read invoking the feeling of futility of a de- necessary to publicly disavow this what Attorney General Ashcroft’s De- tainee; the we-know-all technique, con- statement by the Department of Jus- partment of Justice said about torture: vincing the detainee that the interro- tice and Attorney General Ashcroft. The victim must experience intense pain or gator knows the answers to the ques- Why? suffering of the kind that is equivalent to tions he is asking the detainee; estab- Well, I think it is obvious. the pain that would be associated with seri- lish your identity, or convincing the For a lengthy period of time the ous physical injury so severe that death, detainee the interrogator has mistaken Bush administration and the Depart- organ failure, or permanent damage result- the detainee for someone else; repeti- ment of Justice of Attorney General ing in a loss of significant body function will likely result. tion approach; file and dossier, or con- Ashcroft have been involved in a fierce, vincing the detainee the interrogator protracted debate about acceptable in- You will not find these words in any has a damning and inaccurate file, terrogation techniques and the defini- treaty the United States has entered which must be fixed; rapid fire question of torture, a debate which relates into, certainly not in our Constitution, tions; silence; change of scenery down; to issues resolved over a hundred years nor in the laws of the land. You will dietary manipulation. ago, in many cases, by the Government find this in the memo from Attorney For example, it says in this approved of the United States of America when General Ashcroft’s Justice Depart- memorandum, a change from hot ra- we made it our express policy to dis- ment. It is their definition of torture, tions to MREs. That is hardly some- avow torture. When we later entered sent to the President of the United thing that could be said to constitute into a Geneva convention after the States General Counsel, Mr. Gonzales. torture. Nazi war crimes, when we later had a For the Attorney General to tell us Next is environmental manipulation, convention on torture, brought to Con- he is not in the business of defining or adjusting the environment to create gress by President Ronald Reagan, this torture, frankly, doesn’t square with moderate discomfort; sleep adjust- series of treaties enacted by the United the reality of this official memo from ment; false flag; and isolation. States making them the law of the his own Department. If that were the These are not torture under any- land said we as a Nation stood with only thing in this memo, it would be body’s definition. These are legal and civilized nations around the world in bad enough. But there is more. Because humane methods of extracting infor- condemning and prohibiting torture, in this memo, you will find a rational- mation from terrorists. cruel and inhumane and degrading ization to suggest that the President, It is an affront to our men and treatment of prisoners. Our statements as Commander in Chief, is not bound women in uniform to accuse them of were unequivocal. We stated that for by the laws of the land. That is a state- torturing terrorists when the reality is the world. ment to which most people will say, I our policy calls for all detainees to be Why? Frankly, because we believed am sure they didn’t say that. Let me treated humanely. The time has come the United States of America and the read to you from a section about Sec- to ask at what point does this largely values we represent on the floor of the tion 2340A, the statute that makes tor- partisan and media-driven witch hunt Senate are different than some. There ture a crime: so damage and detract from the mis- may be some in this country who will Any effort to apply Section 2340A in a sion of our troops in the field that it ir- argue we should answer the beheading manner that interferes with the President’s reparably harms U.S. interests, includ- of innocent people, like this South Ko- direction of such core war matters as the de- ing our ability to collect life-saving in- rean, with similar violence. Thank tention and interrogation of enemy combatants thus would be unconstitutional. telligence? God, their voices are few and ignored Because of the onslaught by some on by most. We have said from the begin- Sadly, it went further. I read from Capitol Hill—a fact not lost upon our ning we will not stoop to this level. the same memo: enemy—agencies have been forced to If there is anybody who believes that Section 2340A must be construed as not ap- disclose procedures al-Qaida and other is acceptable conduct, it is not the plying to interrogations undertaken pursu- terrorists now train and use to defend United States of America. That is a ant to his Commander in Chief authority. against, which is creating a roadmap. statement of values and principles, In other words, this memo from the Plain and simple, interrogations save made first by President Abraham Lin- Ashcroft Department of Justice to Mr. lives. The interrogations we have con- coln during the bloody Civil War, and Gonzales and the White House went be- ducted over the past 21⁄2 years have by Presidents of both political parties yond the definition of torture. It cre- saved lives of soldiers in the field and for decades thereafter. We know, how- ated an escape hatch for this President innocent civilians at home. It is high ever, that this administration, once en- to say, as Commander in Chief: I am time we get our priorities straight. gaged in the war on terror, decided to not bound by the laws of the land when I yield the floor. engage in a new debate on the defini- it comes to torture and the interroga- The PRESIDING OFFICER. The Sen- tion of torture. tion of witnesses. ator from Illinois is recognized. Two weeks ago, the Attorney General There are some who come to the floor Mr. DURBIN. Madam President, I am of the United States came to the Sen- and wonder why we are raising this happy to respond to my colleague from ate Judiciary Committee and said to us issue. Texas about an issue which is in this unequivocally twice that it was not his What is the importance of this issue? morning’s paper and on the minds of job, nor the job of this administration, The importance of this issue will be ob- many Americans and people around the to define torture. He said that on the vious to anyone who reads this memo- world. In today’s Washington Post, record. It was broadcast across Amer- randum now available on the Internet. there are two major front-page stories ica and around the world. The very mo- This administration engaged in a fierce related in an unusual way. Here is the ment he said that, major news organi- and protracted debate about whether photo of the parents of the South Ko- zations were releasing a memo from they could redefine torture for the war rean who was beheaded in Iraq—an- Attorney General Ashcroft’s Depart- on terrorism and whether this Presi- other heinous, barbaric crime comment of Justice, which defied his state- dent, as Commander in Chief, was mitted by terrorist extremists. Next to ment to the Senate Judiciary Com- above the law.

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.080 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7237 For those of us in this Chamber who Committee, Attorney General Ashcroft That is the serious nature of this in- have sworn to uphold the Constitution said: I cannot give you a legal author- ternal debate within the Department of of the United States, a solemn oath ity for the reason I am not going to re- Defense and the Department of Justice. which each of us, including the Presi- lease these documents. He said: I just That debate went on before Abu dent, must take, this is, indeed, an ex- personally believe it is not the right Ghraib. That debate went on before tremely serious situation: That this thing to do. those horrendous photographs became administration would think this Presi- I reminded the Attorney General— part of the history of our occupation of dent and those acting under his author- and it is worth repeating now—as im- Iraq. ity as Commander in Chief would not portant as his personal beliefs may be, Is it any wonder that Members of the be bound by treaties, by the Constitu- they are not the law. If this Depart- Senate are coming to the floor today tion, or by the laws of the land. ment of Justice and this Attorney Gen- and saying we have an obligation to re- Can any inquiry be more serious eral and this President cannot produce quire this administration to com- when the question, which must be a legal reason for failing to disclose pletely disclose all of the documents asked by this Chamber of the Chief Ex- these documents, then they are asking and be open and honest about the dia- ecutive of the United States, is wheth- to be above the law. No President, no logue which went on between the White er he has gone too far, violating the Attorney General, no Senator, none of House and the agencies of our Govern- law of the land? us serving this country or in this Con- ment? So what will come before us in a gress are above the law and certainly To do less, sadly, is to create a ques- short time is an effort to say to Attor- not on an issue of this magnitude. tion, an unanswered question, about ney General Ashcroft: It is not enough Some critics have come to the floor whether the United States has that we have to rely on leaked memos and said this request by Members of changed. released on the Internet. We demand of the Senate of the Attorney General to Let me tell you for a moment some you the disclosure of relevant docu- produce these important documents is of the issues at hand. One of my col- ments which will give us a better pic- the product of ‘‘an irresistible impulse leagues came to the floor and dis- ture and a better understanding of this to score cheap political points.’’ I missed some of the criticism of interro- debate within the Bush administration quote a colleague of mine who said gation tactics as he said, frankly, tying about torture because, in the context those words just moments ago, ‘‘cheap the hands of interrogators who are of where we are today, this is not an political points.’’ only trying to protect us. We have academic issue. Because of Abu Ghraib I remind my colleagues and all oth- learned something about interrogation and the shameless conduct of the men ers, this White House, just yesterday, tactics. We have learned that if you use and women in that prison, which has decided this memorandum from Attor- torture—physical and mental torture— been captured in photographs released ney General Ashcroft is so bad, so the person being interrogated will say around the world, the United States is wrong that they are now disavowing almost anything, truthful or not, to being tested. We are being asked not make it stop. only within our own borders, but the very memo which was sent to the The PRESIDING OFFICER. The Sen- around the world, whether in the war chief counsel at the White House al- ator’s 15 minutes in morning business on terrorism, we have abandoned a most 2 years ago. has expired. commitment of over a century that This is not about some political exer- Mr. DURBIN. I ask for 3 additional says we will not engage in torture, that cise. This is about truth and trans- minutes. we are committed to the humane treat- parency and a disclosure which is needed to restore the confidence in the core The PRESIDING OFFICER. Without ment of prisoners. objection, it is so ordered. It is, unfortunately, a timely and le- values of America not only for the Mr. DURBIN. We know torture and gitimate question which we cannot American people but for people around the types of treatment, techniques, and duck; we cannot avoid. In order to an- the world. interrogation tactics which have been swer that question, we understand we Yesterday, in a transparent effort to prohibited by law in this country for have to be open and transparent. We stop the pressure for full disclosure, many years are counterproductive. The have to not only say to the world that the administration provided Congress Attorney General said as much before we are the same country we were be- with a two-inch stack of documents. fore 9/11. After Abu Ghraib, we have to But a cursory review of these docu- us. Torture does not work. People will show them proof, and the proof will be ments reveals that the administration lie for the pain to stop, and that is one in the documents which the Attorney is withholding a lot of crucial informa- of the reasons we do not engage in tor- General has refused to disclose. tion. ture. The Attorney General and the Presi- If anything, the documents that were Secondly, my colleague, Senator dent have several legal options when released yesterday make it even more BIDEN of Delaware, made a point and Congress legitimately asks for docu- clear that we need complete disclosure made it clearly. He said, in his words: ments. The President can assert his ex- from the administration. As the Chi- The reason the United States does not ecutive privilege. That was done by cago Tribune reported today: engage in torture is to protect Senator President Nixon during the Watergate The memos left unanswered at least as BIDEN’s son, who is a member of the scandal. It was contested in court all many questions as they answered. White military, and other members of the the way to the Supreme Court, but it is House officials acknowledged that the docu- military from being subjected to tor- something a President can assert. Only ments provided only a partial record of the ture. the Court can ultimately resolve the administration’s actions concerning treat- We establish standards of humane ment of prisoners. dispute then between Congress and the and civilized conduct not only for our- President. President Bush has not as- What do the documents that were re- selves but to demand them of the rest serted executive privilege when it leased show? We now know that the of the world. Will there be terrorists comes to these memos of Attorney Justice Department memo sent to Mr. who ignore them? Of course. But who General Ashcroft. Or the Attorney Gonzales was the basis for the Defense will argue with 140,000 American lives General can say: There is a statutory Department’s decision to approve the on the line in Iraq that we should privilege that allows me to withhold use of coercive interrogation tech- somehow stoop to inhumane and bar- these documents. niques at Guantanamo Bay. baric conduct in this war against ter- The request for information that we The Department of Defense and the rorism, subjecting all of our soldiers are going to put in amendment form al- Department of Justice were asking and many other innocent Americans to lows classified material to be treated questions which are almost impossible the same possibility? We have rejected separately so it would not in any way for me to articulate on the floor of the that, and we should continue to reject endanger the troops who are defending Senate, but I must. They asked: How that. this country and defending themselves far can our interrogators go before I close by saying this is a very seri- in Iraq and Afghanistan. they may be charged with a war crime? ous issue for our Nation. The world is When asked point-blank by myself How far can they go before they might indeed watching us. They are asking us and others in the Senate Judiciary face a war crime tribunal? whether the United States will stand

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.085 S23PT1 S7238 CONGRESSIONAL RECORD — SENATE June 23, 2004 behind its treaties in the age of ter- say carte blanche that the Geneva Con- we have to be transparent about every- rorism. The Senate has an obligation ventions apply and should apply to ev- thing around here. Transparency hurts to the Constitution and to the Amer- erything, that flies in the face of not our young men and women, too. It sub- ican people to answer these questions. only international law, it flies in the jects them to all kinds of ridiculous Those who vote to table this amend- face of what is happening in this situa- problems. ment want to keep this conversation tion. It is important for us to get to the muted and these memoranda hidden This is not a normal situation. We bottom of these things. I think it is im- from the American people. That is are not fighting autonomous countries portant for us to have an overview, but wrong. That is wrong for this govern- right now. We are not fighting against I also think it is important for us to be ment or any government. The Amer- organized enemies who wear uniforms fair and not just try to score, yes, ican people have the right to know in and fight conventional battles. We are cheap political points. Unfortunately, what their government is involved. not fighting the normal course of bat- there is too much of that around here. Transparency is critically important. tles that we have had through the It has happened on both sides from I urge my colleagues, and I hope a years where we have had to, as gentle- time to time, but it has really been few of my Republican colleagues will men, recognize the civil way of doing happening this year. Every time it hap- join those of us on this side of the things. We are fighting absolute terror- pens, I suggest we ought to stop and aisle, to stand up for the rule of law, a ists who would destroy this country think about our young men and women rule of law which has guided Presidents and destroy every person involved in overseas, whether we are helping them from Abraham Lincoln’s time in the our overseas operations if they had a or hurting them. Some of these argu- Civil War through President Reagan, chance, and they would do it by any ments are hurting them. through every President. There is no means possible: biological, chemical, When I went to Guantanamo, I reason this President should be treated weapons of mass destruction, nuclear, watched two interrogations, one with a differently. if necessary, if they had the capacity terrorist who was very uncooperative When it is offered, I urge my col- to do it. and another one who at first was very leagues to support the Leahy amend- If we are so transparent that we tell uncooperative but because of work by ment. them everything that is on our minds, some very effective people, using very The PRESIDING OFFICER. The Sen- then we are putting our young people effective interrogation techniques—not ator from Utah. at risk. torture, by the way, not even close to Mr. HATCH. I ask unanimous consent Yes, my colleagues can find fault torture—they have been able to obtain that I be permitted to speak for up to with the legal opinions. People do. I information that has saved our boys’ 10 minutes, the Senator from New York might even agree or disagree on some and girls’ lives. be permitted to speak for 10 minutes, of these legal opinions. But they were Interrogations have to go on and they are not patty-cake games. There and then the distinguished Senator well-reasoned opinions. I know some of is no excuse for anything that even from Alabama. the people who actually rendered them. The PRESIDING OFFICER. Without They are top notch authorities in these comes close to torture. And I believe objection, it is so ordered. areas. My colleagues might disagree that other than isolated incidents— The Senator from Utah. with them, but they cannot necessarily which are going to happen in times of war, especially when we are fighting Mr. HATCH. I have been listening to refute them. my dear colleague from Illinois, and I I was in Guantanamo a few weeks these type of terrorists—I suggest that have to say what happened at Abu ago. I went completely through that our people have abided by the Geneva Ghraib was absolutely wrong. Every- camp. I was shown everything I wanted Conventions even though it is correct body knows that. What happened there to see, and that meant just about ev- to say that in this type of a situation has to be decried. We all have to speak erything. I have read article after arti- the Geneva Conventions may not out about it. But the minute they cle about how terrible it is at Guanta- apply. Personally, I believe we ought to found out about it, they started the namo, how much they violated the law, apply them to everything because process of prosecuting the people who all because of conjecture. I have seen there is a wide variety of interrogation did this. It appeared to be a small cadre our colleagues on the other side, and I techniques that are permissible under of people, all of whom will likely re- have seen the media excoriate this ad- the Geneva Conventions. I won’t go ceive either severe reprimands or ac- ministration because of all of these bad through all of those because I don’t tual prosecution. In other words, the things that have happened at Guanta- want to be transparent. Nor do I want system is working. namo. some techniques that are acceptable to Well, I went through Guantanamo, It should never have happened. We be criticized by any colleagues from decry it. It was wrong. All the scream- and it is a well-run camp with incen- any side to score cheap political points. ing in the world by either side on this tives. Now, some of our colleagues do Frankly, I am getting a little tired of floor is not going to make any dif- not even like incentives. They will this desire to undermine everything ference. It happened, and we are all even criticize that because it is the that is going on over in Iraq and Af- ashamed of it. Bush administration, after all. Of ghanistan. I think it is time for us to Having said that, if we listen to the course, I know our colleagues are not get together and work in unison to try arguments of the other side, trans- making this kind of criticism because to help our young men and women. parency is absolutely critical in all the they want to find fault with the Bush Transparency sometimes happens to be things we do. Well, then that means we administration or cast blame on the the worst thing we can do. ought to do away with the Intelligence Bush administration or make the Bush That doesn’t mean we should not get Committee because there are a lot of administration look as if maybe it is to the bottom of these awful things things that are not transparent to the not doing everything it should. I know that have happened at Abu Ghraib. American people, especially when it in- that could not possibly be in their That doesn’t mean we should tolerate volves national security, especially minds. Or that they are politicizing that type of irresponsible and criminal when it involves our young people’s this because of the election that is conduct. Of course we should not. lives while overseas, especially when it going on. I know they would not do a There is nobody in this body who dis- involves all kinds of matters that are thing like that. I just know it. I just agrees on that, to my knowledge; no- better left non-transparent. know it deep within my soul. body. But to try to imply that the I went on the Internet and I read My colleagues can differ with the President of the United States is re- every one of these documents that was legal opinions and they can certainly sponsible for these aberrational activi- on the Internet. Most all of them were condemn what happened at Abu ties by a few is, I think, irresponsible legal opinions. Now, one might differ Ghraib. But these things are not hap- in and of itself and I think it is just too with legal opinions. I do not know any pening at Guantanamo Bay. They did much of this political world that we two lawyers who agree on everything happen in Afghanistan, but in those are in right now. anyway, but if one reads those opinions cases there are investigations and pros- Madam President, I went through the they do make sense. For somebody to ecutions on their way. I do not think camp itself down at Guantanamo. It

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.087 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7239 was well run. There were people there bate, open discussion. When that hap- dark, in secret. The two don’t follow. who never were fed so well in their pens, we end up with better laws. Time In fact, I would argue the opposite fol- lives. There were arrows, so they could and time again throughout the over lows. The more difficult the issue, the pray in the correct direction. There 200-year history of this Republic, when more dangerous it is to either liberty were Korans in every cell as far as I things are done in secret, it leads to or security or to both, as in this case it could see. trouble. may be, the more we need openness, I saw many chessboards and checker- This is a very delicate issue. There is the more we need discussion. boards. I saw outdoor areas where they no question about it. Obviously, we are Again, if this were the first time that could exercise. I saw a lot of things in a new world, in a new situation. I this Justice Department had decided to that were being done right. I saw inter- don’t think absolutes always govern in deal with terribly sensitive and dif- rogations that were not staged for me, these kinds of situations. That is for ficult issues in secret I don’t think and I have to tell you it was run right. sure. I am not sure exactly where the there would be such a brouhaha in this Anybody who thinks these are patty- line is to be drawn. I don’t think any- Chamber or in the country. But it is a cake games, that we must really hold one is. But I am certain of one thing pattern that happens over and over and and pet their hands, just isn’t living in and that is you will draw the line a lot over again. Our Attorney General has the real world. better when there is open debate and come to testify before our Judiciary I agree and I concede and I hope our open discussion. After all, we are talk- Committee twice since his ascension to colleagues—everybody on both sides ing about the place where liberty and that high office. When we ask ques- agree there are certain things you can security clash. tions, we routinely get no answer, or do within the parameters of the Geneva The beauty of our system of govern- answers that do not deal with the ques- Conventions and there are certain ment is that it is able to handle clash- tions. There is almost a mistrust of things you can’t do. But I guarantee if ing values such as this in an extremely open debate, a mistrust of the legisla- you went through everything that can successful way, and has been almost tive body, a mistrust that the Amer- be done in the Geneva Conventions certainly or almost universally for all ican people ultimately in their wisdom there would be some people who would the years of the Republic. Particularly will come to the right conclusion. be very upset that those types of inter- the Founding Fathers, who debated It is almost a sort of ‘‘We know best rogation techniques could be used. I am these issues over and over again, want- we can’t trust you to know anything’’ not going to go through them all be- ed transparency when they were debat- type attitude. I am surprised to see so cause I know the more stressful ones ing. That is why there is separation of many of my colleagues defending that were not being used with the authority powers. That is one of the reasons the attitude. of our people. I think to imply that whole system was set up with a legisla- Again, let’s not mistake where we they were is wrong. tive body and an executive branch. If, come down on the substance of this Before I close, let me just take a mo- indeed, the Founding Fathers thought issue, where there will be variation— ment to comment briefly on state- this all should be done in the executive my colleague from Illinois and my col- ments made by my Democratic col- branch behind closed doors, we would league from Utah had different views— leagues, attacking the President and have had a totally different system. with the need for openness, the need the administration for not being forth- Yet what we have found in this Jus- for transparency, the need for debate, coming in releasing documents, not- tice Department all too often, in this and the faith that certainly George withstanding the fact that they just administration all too often, when the Washington and Thomas Jefferson and declassified and released approxi- vital issues of liberty versus security James Madison and Alexander Ham- mately 260 pages of legal memoranda. should be decided, there is an aversion ilton had, that we should have as well, They attack the Attorney General to debate. There is a preference for and that is that open debate will lead for refusing to hand over three docu- doing this in secret, in the dark, behind to the right conclusion. That is democ- ments when he testified before the closed doors. On issue after issue after racy. It is faith in the people and ulti- Committee, but since then, we have re- issue, when that has been done, a bad mately their ability to make the right ceived those documents from the White result occurred. decisions after open, fair debate, after House. My colleague from Utah seems quite both sides are presented. Now, even though they lost on this certain what happened at Abu Ghraib That faith has been sadly lacking by issue before the Judiciary Committee, and other places. He may be the only the Attorney General and, I regret to they are now trying to bring it up as an one in this Chamber who is. I don’t say, in good part by this administra- amendment on the floor. know how far the chain of command tion. So we come tonight, trying to In fact, they want us to vote on a went. I don’t know which memos exist force the issue. We believe we are liv- subpoena before the time set to comply and don’t exist and what they say and ing up to our constitutional respon- with the document request has passed. which were dispositive. I have real sibilities. We believe that if the Found- It is simply premature to issue any doubts that it was the noncommis- ing Fathers were looking down on this subpoena at this time. sioned officers at the bottom of the Chamber they would say: You are I urge my colleagues to vote against chain who were the only ones who had doing the right thing to get these docu- this amendment if the Senator from anything to do with this, but who ments and make them public, to have Nevada decides to reintroduce it. knows? Who knows? We are not going an open debate. I yield the floor. to know anything until we get these I hope and pray some of my col- The PRESIDING OFFICER. Under memos. leagues on the other side of the aisle the previous order, the Senator from If they have things that should be will see this. New York is recognized for 10 minutes. classified, let those be redacted. If When Attorney General Ashcroft Mr. SCHUMER. Madam President, I there are certain things that would came before our committee and didn’t thank my colleagues for this debate. damage the security of our soldiers, of claim executive privilege and didn’t The bottom line here to me is simple. our country, let those be redacted. claim what he was talking about was That is, I must disagree with my good But I doubt even my colleague from classified, but said he would refuse to friend from Utah. I think transparency Utah, who stated that no one in this answer the committee anyway, that is is to be preferred. Maybe it should not Chamber feels we should not have not what this Chamber is all about, or be in all instances but that ought to be transparency and debate—I think we these hearings are all about, or this the presumption and there ought to be mistake two things. There are the dif- Government is all about. That is why strong argument before any trans- ficulties and practicalities of living in when that has happened in the past, parency is not done. this real world, this post-9/11 world, there have been discussions of con- Why is transparency important? I and I have spoken about that at the tempt of Congress. We wish to avoid will tell you why: Because it makes hearing and everywhere else. There is those kinds of confrontations. We want better law. It makes better rules. The the leap in logic, the incorrect logic, to come to an honest discussion. whole foundation of our Government that says because those issues are dif- Everyone will admit there were prob- has been based on openness—open de- ficult they should be decided in the lems. My colleague from Utah said

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.090 S23PT1 S7240 CONGRESSIONAL RECORD — SENATE June 23, 2004 that. Well, do you think those prob- United States in time of war on abso- conduct of a war. That is not right. He lems were sui generis? I would argue lutely what the limits of his powers didn’t do it. And he didn’t back down those problems could well have re- are. Those are things that maybe ought on it. One of the Senators said, Well, sulted because of a tendency for se- not be bandied around the world. It is this is important because I have a son crecy, or because of the aversion to hypothetical. You don’t know what the in uniform. The Attorney General said, open debate. For all we know, there precise circumstances are. My son has been in Iraq. He just got were contradictory memos floating But the question that started all of home, and he is going back to Iraq. He around the Department of Justice and this is abuses in prison in Iraq. The is in uniform, too. I care about this floating around the Department of De- memos at the center of this debate issue. fense. For all we know, majors, cap- have absolutely no connection—there I don’t think what has been said is tains, and colonels who had to inter- is no connection—between what went fair. pret these things on the ground were on in Iraq and these memos, because With regard to the amendment that totally confused. We should find out all our soldiers were operating under es- is pending, I reject it. We need to vote of this. tablished policies of the military and it down. It is political. It is designed to Again, to my colleagues, I hope we internal discussions between the Presi- embarrass this administration politi- will agree to the Leahy amendment; I dent and various lawyers, or memo- cally, and it hurts us around the world. hope we will agree to the Reid amend- randa they may have received from We are asked to cast a vote suggesting ment to the Leahy amendment; we will various lawyers. that this administration has not con- get to the bottom of this and come up I want to say this about Attorney ducted itself in a proper way. The evi- with a policy in this difficult world and General Ashcroft. I was at the Judici- dence does not show that. difficult position that is satisfactory, ary Committee hearing when he testi- I am on the Armed Services Com- or at least the best solution where fied. I saw him subjected to unfair mittee as well as the Judiciary Com- there may be no solution that satisfies abuse by former colleagues on that mittee. We have had, I think, four everybody. committee which was embarrassing to hearings in Armed Services. We I yield the floor. the committee. I don’t think I have brought back the top general. We had The PRESIDING OFFICER (Mr. AL- ever seen in my experience in this Con- the Secretary of Defense, Secretary EXANDER). Under the previous order, gress the kind of disingenuous and un- Rumsfeld. We had Secretary Wolfowitz, the Senator from Alabama is recog- fair treatment of a former Member of the Deputy Secretary. We had General nized for 10 minutes. this body. It was not right. The rank- Abizaid and General Sanchez. We had Mr. SESSIONS. Thank you, Mr. ing member was using the whole time General Taguba who went over there President. I would like to comment on some of to make a litany of distortions and and conducted the investigation and the things that have been said. charges against the Attorney General issued the report on it. First of all, I believe there are things where he had no opportunity to answer I heard all of that evidence. None of our country has every right to main- them. He knew there was no way he them said, Well, we got a memorandum tain secrecy on. I think the adminis- could. It was not right. It was wrong. I from the Attorney General that the tration has been open about producing said that then, and I say it now. He had President of the United States signed memorandum to us in a way that I no opportunity to respond to the rank- off and said we are supposed to torture don’t know they are required to do. I ing Member. Senator LEAHY knew it, prisoners, we are supposed to carry was a Federal attorney in the Depart- and said these things one right after them around, move them around and ment of Justice and a U.S. attorney for another: You did this, you did that. put hoods over their heads, and other- 12 years. I have some appreciation for They continued in that vein. wise abuse them. the way the Government works. The The question here was, Oh, he There is no evidence that was so. In President has a right to receive legal wouldn’t define torture, yet he had a fact, the military had a pretty good se- advice on all the options he may have memorandum defining torture. ries of policies about how to treat pris- from his Attorney General or staff at- That is not what Attorney General oners. Some said, some of them went torneys. In fact, a lot of reference has Ashcroft said. Go back and read the too far. If some of them went too far, been made here, and as far as I can tell, transcript. I saw what he said. Attor- let’s hear exactly what they say went Attorney General Ashcroft’s memo- ney General Ashcroft is a smart man, too far and what was wrong. If we need randa are memoranda written only by an honest man, and he answered the to change that policy, I am willing to lower level attorneys, detailing the question directly. He said, Senator, the discuss that. In fact, we are discussing legal options available in a time of Congress defined torture. It is not for that at this very moment. war. me to define torture. You define tor- A number of the things that were so Certainly we want to encourage at- ture. The Attorney General doesn’t de- objectionable, none of the things that torneys to consider these ideas and fine torture. I am not defining torture. happened in that prison, were in any these issues on what is appropriate in The Congress has already defined it. way remotely connected to the memo- terms of interrogating prisoners who There is a statute. I have a copy of it randums and directives and regulations are bent upon the destruction of the here in which we defined it under cer- issued by General Sanchez and the United States of America and as many tain circumstances. We set out an anti- commanders in Iraq. In fact, all the of its citizens in this country as they torture statute. That is what the At- memorandum said they should follow can possibly kill. That is fact, and we torney General was referring to. Geneva Conventions in how they han- know it. The rules of law and of war Then somebody with great demand dle prisoners. are a joke to the terrorists that we said, We want these memos; you are Some say we did not train them have captured and others still bent on going to give them right now. Are you about the Geneva Conventions. Every attacking Americans. They care noth- giving them or not? The Attorney Gen- American soldier is trained about the ing about it. They make television eral sat there in a nice, direct, soft Geneva Conventions. I was in the Army movies of beheading people. That is way, and said, No, Senator, I am not Reserve for 10 years. I was a lawyer and what they think of the rules of law. giving you these right now. Are you U.S. attorney for some of that time, So what we need to do is decide what claiming executive privilege? He said, and for a short period of time I was a is appropriate and what laws we are No, I am not claiming executive privi- JAG officer. I taught a course on the bound by, and we ought to set a good lege. Geneva Conventions. You had to sign a policy there. These are memorandum submitted to document saying you briefed your sol- I would say this: The Senator from the President of the United States. It diers every year on the Geneva Conven- New York is a good lawyer. He has said is the memorandum of his client. It is tions. in his own view that torture sometimes the President’s memorandum. It is not Everyone knows you cannot torture may be necessary. That is what Sen- his to give. He can’t go around giving prisoners, you cannot display them in ator SCHUMER said. out the confidential information he sexual ways. Everyone knows that. I think any Attorney General should sent to the President of the United Every private is taught that. Everyone properly advise any President of the States about what he can do during the up to the generals is taught that. It is

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.093 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7241 not the way we are supposed to treat detail not long after September 11. We it and brag about it. But they are not people. Certainly it was not justified had testimony and read and debated entitled to any rights. They are not en- and not the policy of the military. It the Ex parte Quirin case. In Ex parte titled to any rights. We just ought to never was the policy of the military. I Quirin, the Nazis sent saboteurs into go at them and kill them, the sooner don’t appreciate the suggestion that the United States to bomb and kill and the better. this was the policy of the military and dismantle our civilian structure. That We have some in this body who say that somehow the internal memoran- was their plan. They were Nazi sabo- these terrorists are entitled to more dums up in the Department of Justice teurs. They were not wearing German rights than the laws themselves give. in Washington about hypotheticals and uniforms. They were not acting in a In fact, they have insisted on it. This what powers the President might have way consistent with the regular Army. resolution actually calls on the Gov- somehow were carried out in the pris- Their plan of attack was terrorist in ernment to give these terrorists and ons. They had established policies. nature. They were apprehended. unlawful combatants more rights than I saw in the Washington Times The President of the United States, they are entitled to under the law. today, quoting one of these memos, a certainly a greatly respected President President Bush has said: I am going memo entitled ‘‘Humane Treatment.’’ for our Democratic colleagues who are to comply with the Geneva Conven- That ought to make some people pushing this legislation, President tions. We are going to treat these peo- around here happy. It actually says Franklin Roosevelt, was highly of- ple humanely. That is the right posi- ‘‘Humane Treatment of Al-qaida and fended. He said we are not going to give tion, I believe, and that is what he has Taliban Detainees.’’ That is a pretty them a trial in Federal court. We are done. We have given them fair treat- good title for a memorandum. They are not going to try them with a jury in ment. complaining about some military the United States of America. These I visited Guantanamo and saw how it memorandum they did not like the people are setting about to destroy our was done down there early on. I believe title of, saying the title suggested country, to kill our people, and to sab- they were treated very well. The re- something bad and within the memo- otage our civil infrastructure. They are ports that come out of there continue randum there were commands to pre- going to be tried, as I have the power to show that. We know we had a terrible problem serve and protect the prisoners. to do so, by a military commission. He in Abu Ghraib prison where, on a mid- This title is a good title. President so ordered it. Bush says he accepts ‘‘the legal conclu- They were tried in the U.S. Depart- night shift, a group of soldiers were out sion of the Attorney General and the ment of Justice right down the street of control. Now we have a desperate at- Department of Justice that I have the by a military commission. They did tempt by Members of this Senate to go around and say the abuses that oc- authority under the Constitution to not have public trials. After com- curred on that night were somehow the suspend Geneva as between the United pletely trying the case and building a responsibility of the Secretary of De- States and Afghanistan, but I decline record and making findings of guilt, fense, General Sanchez, General to exercise that authority.’’ Of course, most of them were executed within Abizaid, President Bush, and John our values as a Nation call for us to weeks of their arrest. The validity of Ashcroft. treat detainees humanely, including these trials were challenged and the That is not true. It is wrong. It un- those who are not legally entitled to case went to the Supreme Court of the dermines our ability to lead in the such treatment. United States. The Supreme Court af- world. It does, I believe, place greater Now, what is all this about? Senator firmed the views of the President. risk on our soldiers who, at this mo- HATCH mentioned, as I believe Senator Some of these enemy combatants were ment, are on the battlefield in Iraq be- CORNYN did, and several years ago in given probation and some of them who cause we sent them there. We should the Judiciary Committee we had a were tried that way were American not do that. number of hearings right after Sep- citizens. If you have legitimate complaints, tember 11 on what the authority of the Crimes were committed in the United let’s have them, let’s hear them in the United States is with regard to treat- States by American citizens, but they Senate. But I do not believe we need to ment of prisoners and the application were participating as unlawful combat- be suggesting there is a policy of this of the Geneva Conventions. The Geneva ants. They were tried by a military tri- Government to mistreat people as was Conventions do not apply to unlawful bunal. They were convicted. Most of done in Abu Ghraib prison in Iraq. combatants. It is that simple. them were executed. Some of them got We had a distinguished senior Sen- What is an unlawful combatant? It is lesser times and one or two who co- ator who said we had traded Saddam a person who does not wear a uniform, operated got out of jail before too long. Hussein’s prisons for American prisons. who enters a country surreptitiously, But all served a considerable amount of What he meant by that was we were who attacks civilians, and does not time and the Supreme Court said that treating prisoners just as Saddam Hus- comply with the rules of war. Our en- was appropriate. That was right. sein did. That is wrong. It is a slander emies are supposed to comply with the The history of the military commis- on the soldiers of the United States. It rules of war also. Unlawful combatants sion is strong. That is justice. Military should not have been said. When that do not comply with the rules of war. commissions do justice. Military offi- was said, it got headlines in the ter- Al-Qaida does not. Most of the people cers are people. They do not want to rorist camps all over the world. It in Afghanistan were not complying convict innocent people, send innocent should not have been said. It is false. with the rules of war and the people people to jail, or do things that are Not long ago I had the opportunity to who are bombing and killing in Iraq wrong. They are empowered in combat meet seven Iraqi individuals who had right now are not complying with the to use deadly weapons on a whole host had their hands chopped off in Saddam rules of war. All of them are unlawful of people that could kill them. Hussein’s prisons, with Saddam Hus- combatants. President Truman, who followed sein justice. We know of the thousands One of the reasons for the Geneva President Roosevelt, dropped an atom he had killed there—without trial, Conventions is to give protections to bomb on two cities in Japan. The without any benefit of being able to prisoners of war who were lawful com- President of the United States does put on a defense, and how he used, as a batants, to encourage people to be law- have powers in wartime that are dif- policy of his government, terror. ful combatants and not to be unlawful ferent from that kind of situation when These kinds of dictators use random combatants, not to be terrorists who somebody robs a bank down the street. violence to terrorize a population to sneak around and bomb people. Fundamentally, what we are dealing keep power. He did it systematically. Has this ever been dealt with in with is how to deal with prisoners This was one of the most brutal dic- America? Are we making this up? Is under these circumstances. Some peo- tators in the history of the world. He this some idea the Senator from Ala- ple say, a lot of people in this country killed hundreds of thousands of people. bama thinks is an idea that has never say, they don’t respect us, they don’t There are maybe 300,000 graves in that been dealt with before? No. In the Judi- respect law, they bomb innocent civil- country of people who were killed. ciary Committee we had a hearing on ians, women, men, children. They cut So it is wrong to say that. Why we it and discussed these issues in some off people’s heads and make a video of keep pushing this, I do not know. I will

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.095 S23PT1 S7242 CONGRESSIONAL RECORD — SENATE June 23, 2004 just say this: The Armed Services Com- accountable. But we do not need to fire tant for us to have this kind of co- mittee—we have this bill on the floor the mayor because somebody commits operation. I think everybody knows the right now, and it has taken us too long, a crime on the streets of the city. United Kingdom is our strongest ally and it has caused us to not be able to Mr. President, I see the Senator from in the war on terror. In addition to the have the hearings we probably would Arizona is in the Chamber, and I know over 8,000 personnel they have provided have had—but we are going to have he may well have comments to make for the military operation, they sup- more hearings on what happened in on this or other issues. port food aid. They have contributed a Abu Ghraib prison. Already people are I will conclude by saying this is not tremendous amount of money for re- being tried and convicted and sen- a good resolution. It has no business construction. Everyone is aware of tenced for misbehavior there. We are here. It is contrary to what we ought their contribution. Perhaps less well going to keep on, and the higher up it to be doing. known is the contribution that the goes, they are going to be followed. We ought to be spending our time on Australian defense force has made. I was a former prosecutor for some how to help our military get a handle They contributed about 2,000 of their time, and I will ask anybody in this on this problem in Abu Ghraib, and we personnel, including a squadron of FA– body to tell me: If a soldier is charged ought to be spending our time mostly 18s and special forces elements, two with committing an abuse on a prison trying to help them be effective in navy frigates. They have a full variety oner, and he was ordered to do so, or dealing with, capturing, and killing the of operations that I won’t get into there was some written document he terrorists who reject all rules of law, here. They have also been cooperative was relying on to do this abuse, do you who reject all Geneva Conventions, with us in a lot of other areas such as think he is not going to produce it? Do who believe they have a legitimate missile defense programs, and so on. you think he is not going to say that in right to advance their personal power It is for this reason that the chair- his defense? Certainly, he will. So if agenda by killing innocent people man offered his proposal, which I am there are any higher-ups involved in whenever and wherever they can. sure will become part of the Defense this, it is going to come out. I am most grateful that we have bill, that will make it easier for us to But, frankly, I do not see the evi- American soldiers this very moment transfer equipment that is important dence that any higher-ups in the higher following the vote of this Congress and to defense between the United States echelons of the Government ever issued executing the policy we ask them to and Great Britain and Australia. any orders in any way that would have execute in Iraq to further freedom and The amendment I was going to offer justified this. It did not happen at any liberty around the world. simply added or would have added an- time except on a midnight shift by a I yield the floor. other element to that. We won’t do it few people, who videoed themselves, The PRESIDING OFFICER. The Sen- in this bill. Perhaps in conference with videoed themselves in circumstances ator from Arizona. the House or at some other point, we that would be very embarrassing to f could do that. their mamas and daddies if they had It is an amendment that would make EXEMPTIONS TO BILATERAL seen it, I can tell you that, on their sure that in the transfer of important TRADE AGREEMENTS own behavior, much less what they munitions between the United States were doing to the prisoners. Mr. KYL. Mr. President, I am going and a country such as Great Britain, So I do not think it was a pattern. I to talk about an amendment which I they would never get into the wrong do not think it was a policy. In fact, all would have offered to the Defense au- hands. That is to say, they wouldn’t be the evidence we have seen so far shows thorization bill, but in the interest of exported to a country that might po- it was not. Within 2 days of this infor- time and to ensure that we can move tentially use them against the United mation coming forward to the com- the bill forward and complete work on States. The reason it is a problem is manders in that region, General that bill this evening, I am not going that some countries in Europe, for ex- Sanchez ordered an investigation. He to do so. ample, are talking about lifting the suspended people. The military an- But I would like to discuss the gen- arms embargo that currently exists be- nounced publicly, in a public briefing eral subject of the amendment, and tween those countries, the United in Iraq, that they were conducting an begin by complimenting the chairman States, and China. investigation of abuses at Abu Ghraib of the Armed Services Committee, the We do not send China our most so- prison. Senator from Virginia, on recognizing phisticated military equipment. There They have continued those investiga- the very important necessity of chang- is a good reason for that. China has an- tions. A number of people have been ing our law to help work very closely nounced plans that it is developing charged criminally by the military. A with two of our greatest allies, the military equipment that could directly number of them have had their cases United Kingdom and Australia. compete with the United States in end with punishments being imposed, We transfer a lot of technology back military conflict. So, obviously, we and others will have them as time goes and forth between these two important don’t want to have a law on the books by. I would say, what more can you ask allies. It is important that we have the that would make it easy for a country them to do? They are cracking down. I capability of doing that. One of the such as China to acquire military do not appreciate resolutions such as amendments I believe will be adopted equipment that we share freely with this that suggest it was a policy of the as part of this Defense authorization our allies, such as Australia and the United States that this occurred, that bill is a proposal of the distinguished United Kingdom, but which we would suggest that our American soldiers are chairman that would provide an ex- not want to go to a country such as the same as Saddam Hussein’s soldiers emption from U.S. law which requires China. and prison guards—the way they treat- that a bilateral agreement covering a That is the reason for my concern ed their prisoners. It is not right. It is specified set of issues be negotiated in about this retransfer issue. The news wrong. It should not be said, and it un- order for a country to obtain an export reports have indicated, for example, dermines the confidence that we ask control waiver. The bilateral agree- that the United Kingdom might agree the world and the Iraqis to have in our ments between the United States and to support the lifting of the European soldiers. the United Kingdom and Australia Union’s arms embargo against China. We believe they are going to do good don’t quite meet the standard set by That would be an important event. work. We believe they are doing good U.S. law, so Congress needs to grant an What my amendment would have done work. We know, when you have 100,000, exemption for this. The chairman’s is simply said if the European Union 200,000 soldiers over there, some of amendment is very important in cre- were to lift its arms embargo against them will make mistakes. Just like ating this possibility. I strongly asso- China, then no U.S. military equip- any city in America that has 200,000 ciate myself with that amendment. ment could be transferred to entities in citizens, 130,000 citizens, some of them Just a note or two about this rela- the European Union unless the Presi- are going to commit crimes and make tionship between the United Kingdom dent certified to Congress that there errors and do things wrong. They ought and Australia and the United States are binding assurances from those enti- to be disciplined. They ought to be held which illustrates why it is so impor- ties that our military equipment would

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.097 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7243 not be transferred to China. That is a warned Taiwan’s President Chen Shui- vide the authority for the Defense De- pretty reasonable proposition. bian to pull back what he called ‘‘a partment and the other forces nec- The State Department strongly op- dangerous lurch toward independence essary for the next year, I am not poses the European Union’s lifting of or face destruction.’’ going to offer my amendment. I cer- the arms embargo. Secretary of State The Defense Department’s annual re- tainly hope at an appropriate time we Colin Powell said the following on port to Congress on the military power will be able to include the concept of March 1: of the People’s Republic of China what I am talking about in this De- Regarding arms sales to China, I expressed warned fense authorization bill. concern that the European Union might lift . . . the focus of China’s short and medium I compliment the chairman for the its arms embargo. We and the European term conventional modernization efforts has work he has done, and I express my Union imposed prohibitions for the same rea- been to prepare for military contingencies in hope we can conclude this bill soon. We sons, most especially China’s serious human the Taiwan Strait, to include scenarios in- rights abuses, and we believe that those rea- have been on it now for almost a volving U.S. intervention. sons remain valid today. month, or half a month with respect to It is this government’s policy that According to a previous report, the legislative days. I think it is time to the arms embargo remain in effect. We U.S.-China Security Review Commis- come to an agreement on how to end are talking about military arms now, sion, now the U.S.-China Economic and debate and get it done. After all, we are not trade. We have a huge amount of Security Review Commission, China’s in a war. We have to protect the Amer- trade with China. We are not talking military was directed to have viable ican people and provide for the men about that. We are talking about lim- options to retake Taiwan by 2005 to and women we have put into harm’s iting certain kinds of militarily useful 2007. Let me repeat: China’s military way for that purpose. equipment. was told to be prepared for conflict Mr. WARNER. Mr. President, I thank At a February hearing of the U.S.- with Taiwan by next year. our distinguished colleague from Ari- China Economic Security Review Com- The DOD report further comments on zona. He has been part of the team that mission, the Deputy Assistant Sec- the impact of the EU lifting its arms has worked almost every day for agree- retary in the State Department for embargo stating: ments on the floor, and in consultation East Asian and Pacific Affairs, Randy Efforts under way to lift the European on how to deal with the various chal- Shriver, also expressed U.S. opposition Union embargo on China will provide addi- lenges we have had. He has been one of to the European Union’s lifting of the tional opportunities to acquire specific tech- many who has made it possible. I think embargo for three key reasons: the nologies from Western suppliers. we are making steady progress here. I human rights reason, China’s lax ex- That is precisely the problem I think thank the Senator for the reference to port control policies, and China’s mili- we have to come to grips with at some the ITAR amendment, which I put in. I tary buildup against Taiwan. Similar point. I am extraordinarily supportive consulted with him, Senator BIDEN, concerns have been put forth by De- of efforts to show political support for and a great many Senators who worked partment of Defense officials. and, in fact, enhanced military co- with me in making this amendment While we don’t like to talk about it, operation with our allies, as the War- possible, which is currently a part of there has been a change in the direc- ner amendment certainly does. But I the managers’ package and, I antici- tion of the buildup of the Chinese mili- also think we have to look at the ex- pate, will become part of the final bill. tary. They have changed their doctrine port control policies which might, were It is long overdue, as the Senator to a doctrine which explicitly is de- the European Union to lift the arms points out. But this amendment is sort signed to be able to defeat U.S. mili- embargo, allow material weapons im- of a keystone. I thank the Senator for tary assets. They are proliferating dan- plications to reach a country such as adding that very important piece of gerous weapons and technologies to China. We obviously cooperate with legislative history to what I hope will some of our potential adversaries— China on matters of trade, for example. be a statutory provision that reflects North Korea, as one example. And it plays an important role in the the goals we both had in mind. The intelligence community pro- international community. But it is a At this time, I yield the floor. duces a semiannual report on prolifera- country with 20 nuclear-tipped missiles The PRESIDING OFFICER. The Sen- tion. The most recent report stated the capable of reaching the United States, ator from Alaska is recognized. following with respect to China: and the Pentagon projects that number Mr. STEVENS. Mr. President, I don’t We cannot rule out . . . some continued will reach 30 by next year. know the situation regarding this bill. contacts [related to assistance to It is a country that has an announced The PRESIDING OFFICER. The Sen- unsafeguarded nuclear facilities] subsequent policy that would be very dangerous if ate is in morning business. to the pledge between Chinese entities and implemented with respect to Taiwan. entities associated with Pakistan’s nuclear Mr. WARNER. The bill is still ac- weapons program. So if the EU lifts its arms embargo, tively being considered. There is a pos- . . . Chinese entities continued to work European countries will have the ca- sibility we can achieve completion of with Pakistan and Iran on ballistic missile- pacity to willingly pass military tech- the bill tonight. I remain of that view. related projects during the first half of 2003 nology, and U.S. military technology, Mr. STEVENS. Mr. President, are we . . . Chinese-entity ballistic missile assist- if we don’t have the proper transfer or in morning business? ance helped Iran move toward its goal of be- retransfer protections in place to a coming self-sufficient in the production of The PRESIDING OFFICER. Yes, we ballistic missiles. In addition, firms in China country that presents a potential mili- are in morning business. provided dual-use missile-related items, raw tary threat to the United States. f materials, and/or assistance to several other My amendment would have prevented countries of proliferation concern—such as that from happening by simply saying DEFENSE APPROPRIATIONS Iran, Libya, and North Korea. that no U.S. military equipment could Mr. STEVENS. Mr. President, I have During the first half of 2003, China re- be provided to countries in the Euro- come to the floor because I am worried mained a primary supplier of advanced and pean Union unless there is a Presi- about the Defense appropriations bill. conventional weapons to both Pakistan and Iran. Islamabad also continued to negotiate dential certification that there are This bill that has been prepared by pri- with Beijing for China to build up to four binding assurances from such country marily Sid Ashworth and Charlie Houy frigates for Pakistan’s navy and develop FC– that those goods won’t be transferred of our Defense Subcommittee, under 1 fighter aircraft. to China. the direction of my cochairman Dan China also continues to threaten I don’t think that is too much to ask. Inouye and myself, was considered by democratic Taiwan and to prepare I think at some point we are going to the Subcommittee on Defense Appro- militarily for a conflict against not have to include that within our law. priations and reported to the full com- only Taiwan, but also against the The chairman of the committee has mittee in 17 minutes. We took it to the United States, were U.S. military been very gracious in talking to me full committee and we had a debate on forces to come to the assistance of Tai- about working toward that end. As I that bill. It was reported to the floor in wan directly. said, I think in view of the great im- 25 minutes. According to one recent Washington portance of moving this bill forward, The reason for that is, as we all Post article, the Chinese Government completing action on it so we can pro- know, there is in this bill an amount of

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.100 S23PT1 S7244 CONGRESSIONAL RECORD — SENATE June 23, 2004 $25 billion requested by the President been asked, as manager of the bill, to The PRESIDING OFFICER. The for a reserve for Iraq and Afghanistan commit that I will not bring this bill clerk will report the bill by title. and the war on terror. We know if there back from conference with a debt ceil- The assistant legislative clerk read is a development in Iraq, in particular, ing in it. I can make no such commit- as follows: which will give rise to a need for ment. Neither the Senator from Hawaii A bill (S. 2507) to amend the Richard B. money, this bill must become law be- nor I can make that commitment. We Russell National School Lunch Act and the fore we leave for the conventions in are committed to doing our job as Sen- Child Nutrition Act of 1966 to provide chil- August, or really late July, before the ators, carrying out our oath to support dren with increased access to food and nutri- August recess. and defend the Constitution and the tion assistance, to simplify program oper- Some of us in this body have served people who support the Constitution. ations and improve program management, to overseas, particularly in wartime. It reauthorize child nutrition programs, and for I, for one, am getting a little impa- other purposes. was my privilege to do that in World tient about getting this bill done. The War II. I was thinking just now about current bill, I was told, would be done There being no objection, the Senate what is going on here on the floor, and last night, and we would be on our bill proceeded to consider the bill. how I used to feel as a young man when now. We are not on the Defense bill Mr. COCHRAN. Mr. President, I am we were told our supplies had not come now. We should be on the Defense ap- pleased to present to the Senate S. over the hump into China, that we propriations bill now. 2507, legislation to reauthorize the were going to have to reduce our ra- I hope and pray every Senator in this child nutrition programs administered tions, maybe live a little more on local body will search his soul about delay- by the U.S. Department of Agriculture food than on the food we brought into ing this bill, because I mean what I for the next 5 years. Over the past year China from a long distance from our say: there is no possibility of getting and a half, the Committee on Agri- country. I thought about the time this bill to the President, in my judg- culture, Nutrition, and Forestry has Colin Powell, as a young assistant to ment, in a matter of 10 days after we held hearings and received suggestions the then-head of the National Security get back unless we pass it now, and the from a wide range of interests for im- Council, came before a Senate sub- President has time to go through the provements in the programs that are committee on appropriations, and he bill to determine if he is going to sign authorized in this bill. The committee told us at the time, when he was a it. worked diligently to draft a consensus young captain in Cambodia, he had the I implore the Senate to finish this bill that will ensure the continuation duty to take out a whole Vietnamese bill. Either the Senator from Hawaii or of proven Federal Government support battalion, and the U.S. troops along I have been chairman of the Defense for meeting the nutritional needs of with him had to go into Cambodia on a Subcommittee since 1981. We have school children and others who will drop mission. They parachuted in. never found a situation where we would benefit from these programs. I would They were given a 2-week supply of even consider cloture on the Defense like to thank especially the distin- food. He told us when you get up on appropriations bill. guished ranking member of the com- that 14th day and open up the last bit I cannot imagine a Member of this mittee, the Senator from Iowa, Mr. of your rations, that is when you start Senate voting against cloture on an ap- HARKIN, for his assistance and for con- thinking about the people who are in propriations bill for defense when there tinuing the longstanding tradition of a Washington that you trust. That is is a war going on. bipartisan approach to the develop- when you start thinking about whether I say to the Senate, it is time to ment of child nutrition bills in our the people who run the Government come to our senses and get this author- committee. know what they are doing when they ization bill done tonight so we can get The committee met on May 19, 2004, send you into foreign countries, like on the appropriations bill tonight and and reported the bill unanimously. Cambodia, in wartime. finish it tomorrow or, at the latest, This bill reflects the commitment of As I speak now, there are men and Friday morning. If we can get this bill the committee to ensure that our Na- women in the armed services in our through the subcommittee in 17 min- tion’s children have access to the nu- U.S. uniform in 120 countries. Man- utes and 25 minutes in the full com- trition they need to lead a healthy life. aging the Department of Defense is an mittee, this Senate can get through All of the worthwhile and important overwhelming job right now. The this bill in 36 hours. initiatives contained in this bill will money we are spending is enormous, I guarantee, if there is any thought play a significant part in ensuring that but the cause we are on is just. Wheth- of delay, we will stay in session 36 our children have access to good nutri- er you feel it is just or not, the prob- hours because I am going to see to it tion. lem is, we now know that when we this bill is passed and goes to the Presi- The programs authorized in this bill leave for the conventions, there is a dent this week. Some people say it is touch the lives of one out of every five great possibility the Department of De- not going to happen, but if I have to people in this country, including over fense and Commander in Chief will embarrass every Member of the Senate 37 million children and nearly 2 million have to have more money available to get it done, I am going to do it. This lower income pregnant and postpartum than is currently available in fiscal bill must be passed. We are at war. We women. According to the Congressional year 2004. Our committee, the Defense are at war. Research Service, total fiscal year 2004 Appropriations Subcommittee, and the I yield the floor. spending for these programs will be an Appropriations Committee, has worked Mr. SESSIONS. Mr. President, I sug- estimated $16.4 billion, and the admin- long hours to bring this bill before the gest the absence of a quorum. istration’s fiscal year 2005 budget an- Senate so we can pass it before we The PRESIDING OFFICER. The ticipates spending $16.85 billion. The leave on this recess for the Fourth of clerk will call the roll. Budget Committees of both the Senate July, and be able to come back and be The bill clerk proceeded to call the and House have seen fit to include new ready to conference it, because staff roll. mandatory money that will enable us conferences during the recess, and Mr. CRAPO. Mr. President, I ask to continue otherwise expiring provi- bring it back to the floor so both the unanimous consent that the order for sions contained in current law. Even House and the Senate can pass the bill the quorum all be rescinded. though we had no money for new ini- and get it to the President and have it The PRESIDING OFFICER. Without tiatives, we believe the committee has become law before we leave before the objection, it is so ordered. put together an overall package that end of July. f improves these programs while pro- I hear a lot of comments from people tecting the interests of the partici- about the problem of the debt ceiling. I CHILD NUTRITION AND WIC pants. have checked and, in all probability, REAUTHORIZATION ACT OF 2004 Important components of the bill are: we will reach the debt ceiling in Au- Mr. CRAPO. Mr. President, I ask Protection of the integrity of school gust. There is a debate on how to han- unanimous consent that the Senate meal program benefits, participation of dle that. The House has decided to put proceed to the immediate consider- for-profit child care centers in the it in the Appropriations bill, and I have ation of Calendar No. 580, S. 2507. Child and Adult Care Food Program,

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.103 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7245 protection of school meal benefits for Committee staff discussions have in- tance of breakfast and the positive ef- military families, expansion of the tended that the additional States to fects breakfast has on student perform- Summer Food Service Program Lugar participate in the Fruit and Vegetable ance and behavior. Research shows Pilots, expansion of the Fruit and Veg- Program are Mississippi, North Da- that children who eat breakfast per- etable Pilot Program, and improve- kota, and South Dakota, and this was form better on standardized achievements to the WIC Program. our understanding as we finalized this ment tests and have fewer behavior I would also like to clarify section bill. I am in agreement with these dis- problems in school. Breakfast improves 203(e)(10) of the bill, which is designed cussions, and it is on this basis that we a child’s physical endurance and motor to contain costs in the WIC program in are completing this bill. performance. It has been found that order to ensure that all eligible partici- Mr. COCHRAN. I do not disagree with children have more energy to get pants can receive benefits through the the Senator from Iowa. through the school day. program. Given the new provisions in INCENTIVE CRITERIA FOR REDUCTION OF The Department of Agriculture’s the law, it is important that States NONRESPONSE RATES AND SUBSTITUTION Center for Nutrition Policy and Pro- publish their allowable reimbursement Mr. HARKIN, Mr. President, I hope motion has shown that children who levels for WIC program vouchers. Also, to clarify the operation of certain pro- eat breakfast have more healthy over- because of changes contained in the visions in the bill. As the chairman all diets. Given the Nation’s attention bill, it would be important for USDA to knows, the section of the bill titled, to childhood obesity, breakfast can review and modify risk profiles used ‘‘Household Applications,’’ provides also play a positive role in ensuring when examining retail food stores for school districts with an incentive to re- that our children are healthy. Not only compliance with program rules. There duce the nonresponse rate during the is eating breakfast important for stu- is a related provision in our bill that income verification process. I would dent performance, breakfast is also an prohibits certain vendors from pro- like to offer an example of the oper- effective tool to manage and control viding incentive items to entice pro- ation of 10-percent improvement cri- weight. Breakfast consumption can gram participants to come to their teria in nonresponse rates, so that the play a key role in maintaining healthy stores unless the free merchandise is committee’s intent is not misinter- eating habits and weight loss while food or of nominal value. The Sec- preted. A district with a non-response Congress looks at ways to combat retary is given the authority to define rate of 40 percent, for example, would childhood obesity. merchandise of nominal value. A rea- have to reduce its nonresponse rate to In a major study, regular breakfast sonable interpretation of this provision 36 percent, in order to meet the 10-per- consumption was associated with the would permit the Secretary to prohibit cent improvement criteria and be enti- ability to maintain a significant stores from giving away lottery tick- tled to maintain existing verification weight loss. One study showed that out ets. Given the extremely small chance procedures under current law. of 2,900 individuals that had main- of winning a large amount of money as Mr. COCHRAN. The Senator is, in- tained a 30-percent weight loss for at advertised by the lottery, the actual deed, correct in his calculations. The least a year, 78 percent reported eating ticket is probably of very little value. provision calling for a 10-percent im- breakfast everyday. Breakfast skipping However, some observers’ perceived provement in S. 2507 would operate in has been reported to be more prevalent value of a ticket is greater than the ac- precisely the manner that the Senator in obese children and is particularly tual value. A reasonable interpretation from Iowa described. high in obese girls. More than a dozen of this provision would give the Sec- Mr. HARKIN. I thank the chairman. I studies from around the world have re- retary the authority to prohibit lot- would also like to discuss the new sub- ported that eating a ready-to-eat, RTE, tery tickets under this provision. stitution provision in the bill. In some breakfast cereal provides many nutri- We have worked hard to craft a bi- school districts in my State and across tional benefits, including consumption partisan, consensus-based bill, as evi- the country, there are children whose of less total fat, less saturated fat, less denced by the letters of support we household income is extremely dif- cholesterol, more dietary fiber, and have received from organizations in- ficult to verify, no matter how vig- more vitamins and minerals. This re- cluding the American Dietetic Associa- orous the effort put forth by school of- sult is independent of age and geog- tion, the American School Food Serv- ficials. The applications I am referring raphy as studies have been conducted ice Association, America’s Second Har- to are for children whose parents regu- in children, adults and the elderly in vest, the Food Research and Action larly do not respond to other school over six different countries. Center, National Council of La Raza, communications or are from a commu- This compromise bill contains provi- Bread for the World, the National Milk nity that is suspicious of questions sions which will, hopefully, result in Producers Federation, the Inter- from governmental entities, including more children eating more breakfast. national Dairy Foods Association, and school districts. The families of these The Child Nutrition and WIC Reauthor- the National Food Processors Associa- children may no longer be residing at ization Act of 2004 includes three provi- tion. I urge my colleagues to support the address of record, are not reachable sions that the committee hopes will re- the bill. by phone, or may exhibit other such sult in more children eating breakfast. ADDITION OF NEW STATES TO THE FRUIT AND barriers to verification. Am I correct First, it provides increased assistance VEGETABLE PROGRAM that these are the type of applications to schools with a high proportion of Mr. HARKIN. Mr. President, I hope envisioned in the bill’s subparagraph poor children. Second, it expands the to clarify our intent on one provision titled ‘‘Individual Review’’? eligibility for schools that need addi- of the Child Nutrition and WIC Reau- Mr. COCHRAN. The Senator is once tional assistance—severe need assist- thorization Act of 2004—the provision again correct. This bill recognizes that ance—for breakfast programs. In rela- pertaining to the Fruit and Vegetable there are certain situations when it tion to these provisions a Review of Program. may be nearly impossible for a school Best Practices in the Breakfast Pro- When the Fruit and Vegetable Pro- district to get in touch with the fami- gram, also contained in this bill, will gram was first enacted as part of the lies of children who are eligible for this allow for a study of State and local 2002 farm bill, the legislative language program. In situations such as those barriers that keep more schools from did not specify which States were to be the Senator described, and other simi- offering breakfast. The Secretary will participants in the program, but the lar ones, the school district may de- make recommendations and describe States were specified in the conference cline to verify up to 5 percent of the model breakfast programs that will report. The Department of Agriculture approved applications selected for help schools to overcome these obsta- followed the conference recommenda- verification and replace those applica- cles and disseminate the results of this tions. tions with other approved applications. study to school districts, to the Senate Because we are passing this bill with Mr. HARKIN. I thank the chairman. Committee on Agriculture, and to the a somewhat unusual process that will IMPORTANCE OF BREAKFAST House Committee on Education and not involve a conference report, I Mr. CHAMBLISS. Mr. President, I the Workforce. As a result, schools will would like to clarify which States are appreciate the chairman giving me this be encouraged to develop innovative intended to be added to the program. opportunity to emphasize the impor- strategies to make time for student

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.022 S23PT1 S7246 CONGRESSIONAL RECORD — SENATE June 23, 2004 breakfasts, such as breakfast on the derstand that later this year, the Food authorization Act of 2004 is solely for bus or breakfast in the classroom, a and Drug Administration is likely to the purpose of verifying income and practice that has been shown to be make an official determination that participation information for School very effective in schools across the the consumption of omega-3 fatty acids Lunch and Breakfast Programs. It is country. Breakfast on the bus or in the will reduce the risk of coronary heart not the intent of this legislation to classroom does not require the use of a disease. The provision in the WIC reau- allow any other information to be cafeteria or additional time in the thorization bill will require the Sec- shared. school day and are easy and efficient retary to conduct a periodic review of I do not believe that the amendment ways to provide a nutritious meal to the list of supplemental foods and take can be interpreted to allow the sharing children. into account the most recent scientific of Medicaid information that goes be- Mr. President, I ask the chairman if knowledge, such as the expected FDA yond the scope of verifying eligibility he agrees with my statements? determination regarding omega-3 fatty for school lunch or school breakfast Mr. COCHRAN. Mr. President, I agree acids, when recommending any addi- benefits, but in the interest of being with the distinguished Senator from tions to the list of supplemental foods. completely crystal clear, I would like Georgia on the importance of breakfast Should salmon be included in the list to state that, under the amendment to to our children’s education. of supplemental foods, it would then section 1902(a)(7) of the Social Security Mr. CHAMBLISS. Mr. President, I allow all States to include salmon as Act contained in the Child Nutrition thank the chairman for his comments. an acceptable food for their respective and WIC Reauthorization Act of 2004, WOMEN, INFANTS, AND CHILDREN PROGRAM WIC recipients. no Medicaid information, except that Ms. MURKOWSKI. Mr. President, I Mr. COCHRAN. Mr. President, I ap- which is necessary to verify income wish to address a provision that Sen- preciate the Senator’s explanation. and eligibility for school lunch or ator COCHRAN has added to the Child Ms. MURKOWSKI. Mr. President, I school breakfast participation, may be Nutrition and WIC reauthorization bill thank Senator COCHRAN for including shared by a State with a local edu- on my behalf. this provision in this important bill. cational agency. Mr. COCHRAN. Mr. President, this MEDICAID DIRECT VERIFICATION AUTHORITIES Mr. COCHRAN. The explanation that provision is being added as a part of Mr. HARKIN. Mr. President, The Senator HARKIN has offered with regard the floor consideration of this legisla- Child Nutrition and WIC Reauthoriza- to this provision of the Child Nutrition tion. Therefore, there is no accom- tion Act of 2004 includes several provi- and WIC Reauthorization Act of 2004 is panying report language which ex- sions intended to improve program in- absolutely correct and is consistent plains its effect. We appreciate the con- tegrity and to provide local edu- with the committee’s intent. In includ- tribution the Senator from Alaska has cational agencies with new tools with ing the amendment to Medicaid law, it made to the Senate’s consideration of which to improve the administration of was certainly not our goal or intent to this legislation. Will the Senator the school lunch and school breakfast allow all Medicaid information to be please share her views on this provi- programs. One of the steps that we shared with local educational agencies. sion? have taken in this bill is to allow var- We intended to allow States to share Ms. MURKOWSKI. Mr. President, the ious Federal programs to share infor- only such limited Medicaid informa- provision in question requires the Sec- mation that they may have about a tion that was necessary to verify eligi- retary of Agriculture to conduct a peri- child’s income or participation status bility in the School Lunch or School odic scientific review of the supple- with local educational agencies so as to Breakfast Programs. Any interpreta- mental foods available in the Women, enable the local educational agency, tion to the contrary is inconsistent Infants, and Children Program, which using that information, to verify a with the intent of the Senate Com- is also known as the WIC Program. The child’s eligibility status for free or re- mittee on Agriculture, Nutrition, and Secretary shall undertake such a reduced-price school lunches or school Forestry. view as frequently as necessary to re- breakfasts. Mr. BAUCUS. As a member of the flect the most recent scientific knowl- In most cases, this bill has not Senate Committee on Agriculture, Nu- edge. Following such a review, the Sec- amended any laws outside of the juris- trition, and Forestry, but also as the retary shall amend the list of supple- diction of the Senate Committee on ranking Democrat on the Senate Fi- mental foods in order to reflect nutri- Agriculture, Nutrition, and Forestry in nance Committee, I would like to tion, science, public health concerns, order to accomplish this goal—with thank Agriculture Committee Chair- and cultural eating patterns. one exception. The bill does amend sec- man COCHRAN and Ranking Member Mr. COCHRAN. Mr. President, I tion 1902(a)(7) of the Social Security HARKIN for their clarification on this would like Senator MURKOWSKI to ex- Act, a section pertaining to the Med- point. plain her rationale for offering this icaid program. This change to Medicaid The Senate Finance Committee has provision. law allows, at the option of a State, long grappled with the challenges of al- Ms. MURKOWSKI. In October 2000, the sharing of Medicaid information lowing sensitive program information the American Heart Association, AHA, with local educational agencies for the to be shared. While there are many published updated guidelines for reduc- purpose of verifying the certification of cases where it is in the public good to ing the risk of heart disease. These children for free or reduced price share limited amounts of information, guidelines noted that fatty fish, such lunches or breakfasts under Federal such as in this case, it is important as salmon, are high in omega-3 fatty child nutrition programs. that we take such steps carefully and acids. Such acids help in the preven- The Senate Finance Committee, that we not inadvertently or uninten- tion of heart disease in a variety of which has jurisdiction over the Social tionally allow more information to be ways. The acids diminish the likeli- Security Act and Medicaid law, has shared than is absolutely necessary to hood of sudden death, as well as abnor- very graciously allowed us to make accomplish our goals. mal heart rhythms that play a role in this change for the purposes of this The amendment to the Social Secu- sudden death. The oils of fatty fish also bill. I thank the Finance Committee rity Act that is under consideration en- decrease blood triglycerides, as well as for working with our committee to sures that only certain Medicaid infor- blood clotting. strengthen Federal child nutrition pro- mation can be shared with local edu- The Food and Drug Administration grams. cational authorities for the purpose of has also previously suggested that It is my understanding that Medicaid verifying eligibility and income with there are health benefits to regularly eligibility can be based on a number of respect to the School Lunch and consuming up to 3 grams of omega-3 factors, some of which may be related School Breakfast Programs. Informa- fatty acids per day. To illustrate a to disability or other matters that tion about a child’s health or disability practical example, a piece of salmon have nothing to do with verifying in- status or medical expenses would not that is a little over 3 ounces in weight come in the School Lunch Program. I be relevant to verifying eligibility for includes about 1 gram of such fatty want to clarify that the intent of the school breakfast and lunch programs, acids. Therefore, it would be very easy amendment to Medicaid law contained which is based only on the child’s fam- to comply with this suggestion. I un- within the Child Nutrition and WIC Re- ily income. Accordingly, information

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.023 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7247 about a child’s health or disability sta- need more and more fruits and vegeta- time, we are confronted with a grave tus or medical expenses could not be bles in their school lunches. We all public health threat in the form of obe- shared with local educational agencies know about the problem we have with sity and overweight which are quickly under the authority of this Medicaid kids eating too much junk food for becoming a major threat not just to in- amendment. I thank the chairman and lunch and this program would have put dividuals but to our Nation as a whole. the ranking member for clarifying the more nutritious foods on our children’s The reauthorization of child nutrition narrow goals of the amendment and lunch trays. Instead of eating candy, programs affords us an opportunity to look forward to its implementation in they could be eating nutritious foods tackle both of these issues. This bill a manner that is consistent with the like apples, pears and carrots. does so, although not always to the full committee intent. Unfortunately, the USDA is not com- extent that I would have preferred. Mr. GRASSLEY. I appreciate that plying with this provision. Instead of This bill makes many positive my colleagues on the Senate Agri- adding the $200 million on top of base- changes to fight childhood hunger and culture Committee have worked col- line spending, USDA has eliminated deliver federal child nutrition benefits laboratively on the Medicaid provision, the baseline spending, so there is no to more children. which is under the jurisdiction of the guarantee that there will be any new First, this bill ensures that children Senate Finance Committee. I am spending on fruits and vegetables for who are receiving food stamps will pleased that we were able to work out our children. In fact in 2002, USDA did automatically receive school lunches a provision which may help more chil- not even meet the minimum purchase and breakfasts as well. Though States dren who are eligible receive free or re- requirement. In 2002, only $181 million and schools already have the authority duced price breakfasts and lunches. I in fresh fruits and vegetables were pur- and discretion to do this now, not all of commend my colleagues for their good chased under section 32. them take advantage of this option. work on this important legislation. Does the chairman agree that the The bill before us today clearly makes I agree with my colleagues, Senators USDA is misinterpreting the farm bill those children eligible for free school COCHRAN, HARKIN, and BAUCUS, that with regards to section 32, fresh fruit meals—a step that, according to USDA, this Medicaid amendment will not au- and vegetable purchases? will help 200,000 additional children thorize States to share Medicaid infor- Mr. COCHRAN. I agree that the have healthy school meals by 2009 and mation other than that which is nec- USDA has not followed the language which will also reduce paperwork in essary to verify a child’s participation from the 2002 farm bill conference re- local schools and improve program in- in Medicaid or his or her family in- port. I suggest that the Senator from tegrity. come. Michigan and I work with USDA to try Parents of preschool-age children USDA INTERPRETATION OF SECTION 32 FUNDING to facilitate greater purchases of fruits face a big challenge of finding safe, af- IN THE 2002 FARM BILL and vegetables in the nutrition pro- fordable day care. This is especially so Ms. STABENOW. Mr. President I rise grams. for low-income families. This bill ex- to clarify an important issue with the Mr. HARKIN. I am proud of our bi- tends and makes permanent meal as- distinguished chairman of the Agri- partisan work on the Child Nutrition sistance to day care centers in which culture Committee. and WIC Reauthorization Act of 2004 at least 25 percent of enrolled children First, I thank the chairman for his and want to thank the chairman for his are low-income. USDA estimates that leadership in getting this child nutri- efforts and leadership. This is a bill on an average day approximately 90,000 tion bill to the floor. He has worked that deserves to pass overwhelmingly children will benefit from this meal as- hard and has produced a good, bipar- with tremendous bipartisan support, as sistance. tisan bill which I supported in the it did in the Senate Committee on Ag- The bill also includes a number of Committee. riculture, Nutrition, and Forestry. important changes in the process to For over 2 years, a bipartisan group That it can gain the unanimous sup- certify students as eligible for free or of Senators and I have been concerned port of the entire Senate, as I believe reduced-price school meals and to about USDA disregarding language in- that it will, is to me, a hopeful sign of verify the accuracy of a small percent- cluded in the 2002 farm bill. The 2002 broad support for initiatives in the in- age of the applications for free and re- farm bill, section 10603, states that at terest of our Nation’s children. duced-price school meals. These least $200 million must be spent annu- In addition to Chairman COCHRAN, I changes are designed to make sure that ally on the purchase of specialty crops. thank the staff who have worked on more certifications are completed cor- However additional language included this bill. They may never receive the rectly at the start of the school year. in the 2002 farm bill conference report full credit that they truly deserve, but Improving program integrity has al- states: without them this bill would not have ways been a duty that this committee [t]he Managers intend that the funds made come to fruition. On Senator COCH- has carried out on a bipartisan basis. available under this section are to be used RAN’s staff, I would like to thank Hunt Maintaining and improving program for additional purchases of fruits and vegeta- Shipman, Eric Steiner, Graham Harp- integrity is critical both to ensuring bles, over and above the purchases made er, and especially Dave Johnson, who sound stewardship of taxpayer dollars under current law or that might otherwise has been with the Senate Committee and to guaranteeing that children who be made without this authority. The Man- on Agriculture, Nutrition, and For- most need child nutrition benefits ac- agers expect the $200 million to be a min- estry for fifteen years. During that tually receive them. imum amount for fruit and vegetable pur- time, he has played a key role in One of the bill’s program integrity chases under section 32 funds; it is not intended to interfere with or decrease from Ag- strengthening our country’s child nu- measures allows schools to strengthen ricultural Marketing Service’s historical trition and food assistance programs. and simplify the verification process purchases of fruit and vegetables [e.g. $243 On my own staff, I would like to single under which the income level of a sam- million in 2001; $232 million in 2000] or to de- out for thanks the great work of Derek ple of households must be documented. crease or displace other commodity pur- Miller and Susan Keith as well as the For example, for the first time, school chases. Democratic Staff Director, Mark Hal- districts will be able to use Medicaid Does the chairman agree that this verson, who has served me ably for data to verify household income so language is clear and that the intent of many years. school districts won’t have to duplicate Congress is $200 million in new pur- Given the budget constraints that verification efforts already undertaken chases on top of existing commodity our committee faced in crafting the in the Medicaid program, and families purchases? legislation, I believe that this bill is a won’t have to document income mul- Mr. COCHRAN. I agree that the Sen- very positive step forward in allocating tiple times. I urge the Secretary, State ator from Michigan has correctly cited resources wisely. agencies, and local educational agen- the conference report of the 2002 farm In the United States, we face an un- cies to take full advantage of this new bill, and I appreciate all of her hard fortunate paradox. On the one hand, option. work on this issue. the specter of malnutrition and hunger In addition, once a student is cer- Ms. STABENOW. This was a great continues to haunt millions of Ameri- tified for free or reduced-price meals, victory for our children because they cans, especially children. At the same that certification will be effective for a

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.108 S23PT1 S7248 CONGRESSIONAL RECORD — SENATE June 23, 2004 full year. Those families that are se- from the WIC program. To ensure that consumption of more nutritious foods. lected for verification will be able to WIC dollars are not spent on non-WIC In one study, students from schools provide documentation for any point in items, the bill prohibits giveaways of that did not offer a la carte foods con- time between the month prior to appli- incentive items or other free merchan- sumed half a serving more of fruit and cation and the time the income docu- dise by WIC-only stores unless the a whole serving more of vegetables per mentation is provided. Though the bill store can demonstrate that the items day than did children in schools that itself does not specify an exact time, or merchandise were obtained at no did have a la carte programs. In an- the Secretary should not narrow the cost. Although an exemption for food other study, when kids gained access to period and should issue guidance in- or merchandise of nominal value has foods other than through the School structing local educational authorities been added since the committee ap- Lunch Program, they consumed 33 per- to accept as income verification docu- proved this bill, the intent of the bill cent less fruit, 42 percent less vegeta- mentation any information pertaining remains to ban giveaways of the kind bles, and 35 percent less milk. to any point in time within the inter- of items that are currently given away, Not surprisingly, poor diets con- val between the month prior to when such as diapers, strollers, bicycles, tribute to childhood obesity and over- the school meals application was com- small kitchen appliances, other house- weight children, with significant nega- pleted and when the income docu- hold products, and two-for-one offers tive effects. Compared to regular- mentation is provided. on WIC food items. Food or merchan- weight children, overweight children The supplemental nutrition program dise of nominal value is meant to in- are more likely to have high levels of for Women, Infants and Children, WIC, clude items of lesser value than these cholesterol, high blood pressure, high provides vouchers to eligible low-in- items. In issuing guidance or regula- levels of insulin, and exhibit generally come families for specified food items. tions on this matter, the Secretary higher numbers of risk factors for car- Recipients redeem these vouchers at must ensure that even offering items of diovascular disease. Between 50 and 80 local vendors. In recent years, a spe- nominal value does not unnecessarily percent of diabetes cases are associated cialized type of vendor, known as WIC- drive up costs in the WIC program. with diet and sedentary lifestyles. only stores or supplemental foods ven- This bill also includes important pro- And it is not just about obesity. The dors, has developed that accepts only visions on infant formula cost contain- lack of fruits, vegetables, and milk in WIC vouchers. These vendors do not ment competitive bidding which will, I our children’s diets has tremendous compete for business on the basis of believe, ensure that the WIC program ramifications for the health of kids and price, but rather on the service they continues to benefit from the strength adults. Poor eating habits early in life provide their WIC clientele. This bill of the competitive marketplace and lay the foundation for chronic disease the infant formula rebates that enable includes several important measures and premature death at a later age. so many children to participate in the designed to contain WIC food costs. Cancer, heart disease, and osteoporosis WIC program. The committee report on this bill con- I am pleased that this bill takes posi- are just a few of the many diseases as- tains a good deal of information on tive steps to enhance child nutrition sociated with poor diet. Because schools receive substantial WIC-only stores and on the provisions and to address the epidemic of over- revenue from the sale of junk food at intended to address them. However, the weight and obesity in this country as school, some folks are concerned that bill language on WIC-only cost con- well. Let there be no mistake, poor nu- schools will suffer financially if they tainment has changed somewhat, and trition early in life lays the foundation replace junk food with healthier additional clarification may be helpful for chronic disease and premature here. death later in life. According to the choices. I understand this concern, but Although the legislative language of- CDC, poor diet and physical inactivity I disagree with the premise. Many fers States latitude to design vendor will soon overtake smoking as the Na- schools have stocked their vending ma- peer groups, competitive price criteria, tion’s leading cause of death. In 2000, chines and snack bars with healthy and maximum reimbursement levels, 400,000 deaths were associated with food, with no negative impact on rev- each State must meet two important poor diet and physical inactivity. enue. Wide-open sales of unhealthy cost-containment goals unless exempt- This fiscal year the Federal Govern- foods in schools hasn’t always been the ed by the Secretary. First, each State ment will invest over $8.3 billion in the norm. Back in the 1970s, Congress gave must ensure that its aggregate WIC school lunch and school breakfast pro- the Secretary of Agriculture the au- food costs are no higher if WIC partici- grams, and this bill is a 5-year exten- thority to set nutrition guidelines to pants choose to shop at WIC-only sion of this investment. The food make sure our child nutrition pro- stores than if they shop at regular served in these Federal school food programs work. Congress intended for that competitive stores. Second, each State grams meets Federal guidelines and authority to extend to all food sales must ensure that average prices, re- provides balanced nutrition for the throughout the school and for the en- ferred to as ‘‘average payments per children who eat school meals. But in a tire school day. And this is what the voucher’’, in WIC-only stores are no majority of high schools and middle regulations put forth by USDA did. higher than average prices in com- schools and an alarming number of ele- However, the courts subsequently parable competitive stores. mentary schools these school food pro- struck that authority down—wrongly, The bill allows the Secretary to ex- grams and our taxpayer investment in in my opinion. As a result, USDA regu- empt a State from carrying out re- them are undermined by an array of lations only apply to foods sold in the quirements regarding the peer groups, less nutritious food choices. school cafeteria and during mealtime competitive price criteria, and max- These foods that are sold in competi- rather than to the entire school and imum reimbursement levels if the tion with the school meals are often school day. This has left us with this State does not authorize WIC-only high in fat, sugar and sodium. When crazy situation in which, rather than stores or if the WIC-only stores in the kids choose these foods, they choose getting a decent meal in the school caf- State account for less than 5 percent of not to eat taxpayer supported, nutri- eteria at lunch, kids can instead just the State’s total WIC food sales. If a tionally balanced meals provided go to the vending machines in the hall State is exempt because the WIC-only through the School Lunch and School for a soft drink and junk food. stores in the State account for less Breakfast Programs. Not surprisingly, I believe that Congress should rein- than 5 percent of the State’s total WIC studies show that when kids get their state the Secretary of Agriculture’s au- food sales, the State is nonetheless re- lunches through vending machines at thority to set nutritional standards for quired to ensure that its aggregate school their diets aren’t nearly as foods available anywhere on school food costs are no higher if WIC partici- healthy as when they obtain their grounds at any time of the day. The pants choose to shop at WIC-only meals through the school meal pro- Secretary would then determine, after stores rather than at regular competi- grams. In fact, among school-aged chil- public comment, how to use that au- tive stores. dren only 2 percent meet the dietary thority. Because WIC-only stores do not mar- recommendations for all food groups. This bill takes a different approach, ket items outside of the WIC program, Research shows that a la carte items but one that I believe holds great the stores’ earnings necessarily flow and vending machines displace student promise for improving the dietary

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.141 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7249 quality of foods sold in our Nation’s Mr. CRAPO. Mr. President, I ask TITLE III—COMMODITY DISTRIBUTION schools. unanimous consent that the Cochran PROGRAMS First, it extends and expands the amendment which is at the desk be Sec. 301. Commodity distribution programs. Fresh Fruit and Vegetable Program. agreed to, that the bill, as amended, be TITLE IV—MISCELLANEOUS Two years ago in the farm bill, we cre- read a third time and passed, that the Sec. 401. Sense of Congress regarding efforts ated a pilot program to provide free motions to reconsider be laid upon the to prevent and reduce childhood fresh and dried fruits and vegetables to table, and that any statements relating obesity. children. The pilot covered 25 schools to the bill be printed in the RECORD. TITLE V—IMPLEMENTATION in each of 4 states and 7 schools on an The PRESIDING OFFICER. Without Sec. 501. Guidance and regulations. Indian reservation. This program has objection, it is so ordered. Sec. 502. Effective dates. been remarkably popular with the The amendment (No. 3474) was agreed TITLE I—AMENDMENTS TO RICHARD B. schools, but more importantly, with to. RUSSELL NATIONAL SCHOOL LUNCH ACT the students. (The amendment is printed in today’s SEC. 101. NUTRITION PROMOTION. In a world in which grocery clerks RECORD under ‘‘Text of Amendments.’’) The Richard B. Russell National School may not know a radish from a ruta- The bill (S. 2507) was read the third Lunch Act is amended by inserting after sec- baga, it is encouraging to see elemen- time and passed, as follows: tion 4 (42 U.S.C. 1753) the following: ‘‘SEC. 5. NUTRITION PROMOTION. tary, middle school and high school S. 2507 ‘‘(a) IN GENERAL.—Subject to the avail- students eating fruits and vegetables Be it enacted by the Senate and House of Rep- that they have never seen before and ability of funds made available under sub- resentatives of the United States of America in section (g), the Secretary shall make pay- loving them. Congress assembled, ments to State agencies for each fiscal year, This bill continues the fruit and veg- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. in accordance with this section, to promote etable program in the current states (a) SHORT TITLE.—This Act may be cited as nutrition in food service programs under this and expands it to 4 additional states the ‘‘Child Nutrition and WIC Reauthoriza- Act and the school breakfast program estab- and additional schools on Indian res- tion Act of 2004’’. lished under the Child Nutrition Act of 1966 ervations. I would like to do more, but (b) TABLE OF CONTENTS.—The table of con- (42 U.S.C. 1771 et seq.). this is strong progress toward getting tents of this Act is as follows: ‘‘(b) TOTAL AMOUNT FOR EACH FISCAL more fruits and vegetables in all Sec. 1. Short title; Table of contents. YEAR.—The total amount of funds available for a fiscal year for payments under this sec- schools across the Nation. TITLE I—AMENDMENTS TO RICHARD B. tion shall equal not more than the product RUSSELL NATIONAL SCHOOL LUNCH ACT This bill also requires schools that obtained by multiplying— participate in the National School Sec. 101. Nutrition promotion. ‘‘(1) 1⁄2 cent; by Lunch or School Breakfast Programs Sec. 102. Nutrition requirements. ‘‘(2) the number of lunches reimbursed to craft, with broad input from parents Sec. 103. Provision of information. through food service programs under this Sec. 104. Direct certification. and others, plans that include goals for Act during the second preceding fiscal year Sec. 105. Household applications. in schools, institutions, and service institu- nutrition education, physical activity, Sec. 106. Duration of eligibility for free or tions that participate in the food service pro- and other activities to promote student reduced price meals. grams. wellness. The plans must also include Sec. 107. Runaway, homeless, and migrant ‘‘(c) PAYMENTS TO STATES.— nutrition guidelines for all foods sold youth. ‘‘(1) ALLOCATION.—Subject to paragraph (2), Sec. 108. Certification by local educational in school. from the amount of funds available under agencies. This is not an attack on any par- subsection (g) for a fiscal year, the Secretary Sec. 109. Exclusion of military housing al- ticular type of food. Rather, school shall allocate to each State agency an wellness policies, as required by this lowances. Sec. 110. Waiver of requirement for weight- amount equal to the greater of— bill, pertain to healthy lifestyles more ed averages for nutrient anal- ‘‘(A) a uniform base amount established by broadly and look at all foods in school, ysis. the Secretary; or not just those in vending machines and Sec. 111. Food safety. ‘‘(B) an amount determined by the Sec- snack bars. It does not mandate what Sec. 112. Purchases of locally produced retary, based on the ratio that— foods can be offered or stipulate their foods. ‘‘(i) the number of lunches reimbursed through food service programs under this content, but it does ask local schools Sec. 113. Special assistance. Sec. 114. Food and nutrition projects inte- Act in schools, institutions, and service in- to set standards that they believe are stitutions in the State that participate in appropriate. grated with elementary school curricula. the food service programs; bears to The bill also provides USDA with Sec. 115. Procurement training. ‘‘(ii) the number of lunches reimbursed mandatory funds to help schools to es- Sec. 116. Summer food service program for through the food service programs in tablish their own local wellness poli- children. schools, institutions, and service institu- cies. I wish that it provided more or Sec. 117. Commodity distribution program. tions in all States that participate in the this technical assistance, but it is a Sec. 118. Notice of irradiated food products. food service programs. positive first step. Sec. 119. Child and adult care food program. ‘‘(2) REDUCTIONS.—The Secretary shall re- In my mind, these local wellness Sec. 120. Fresh fruit and vegetable program. duce allocations to State agencies qualifying policies are a potentially revolutionary Sec. 121. Summer food service residential for an allocation under paragraph (1)(B), in a camp eligibility. manner determined by the Secretary, to the step towards improving our children’s Sec. 122. Access to local foods and school extent necessary to ensure that the total health. They provide real empower- gardens. amount of funds allocated under paragraph ment at the local school level. I look Sec. 123. Year-round services for eligible en- (1) is not greater than the amount appro- forward to seeing how schools endeavor tities. priated under subsection (g). to craft these policies and the effect Sec. 124. Free lunch and breakfast eligi- ‘‘(d) USE OF PAYMENTS.— that they have on school nutrition en- bility. ‘‘(1) USE BY STATE AGENCIES.—A State vironments and children’s health. Sec. 125. Training, technical assistance, and agency may reserve, to support dissemina- I also hope that, as schools work to food service management insti- tion and use of nutrition messages and mate- tute. craft their own wellness policies, they rial developed by the Secretary, up to— Sec. 126. Administrative error reduction. ‘‘(A) 5 percent of the payment received by provide fertile ground for innovation Sec. 127. Compliance and accountability. the State for a fiscal year under subsection and creative thinking. It is past time Sec. 128. Information clearinghouse. (c); or that all sectors of our society focus Sec. 129. Program evaluation. ‘‘(B) in the case of a small State (as deter- less on treating sickness, and focus TITLE II—AMENDMENTS TO CHILD mined by the Secretary), a higher percentage more on promoting health and pre- NUTRITION ACT OF 1966 (as determined by the Secretary) of the pay- venting obesity and chronic disease. Sec. 201. Severe need assistance. ment. This bill, in several ways, moves to- Sec. 202. State administrative expenses. ‘‘(2) DISBURSEMENT TO SCHOOLS AND INSTI- ward that goal and harnesses a potent Sec. 203. Special supplemental nutrition TUTIONS.—Subject to paragraph (3), the State agency shall disburse any remaining amount force, our schools, in the efforts to be program for women, infants, and children. of the payment to school food authorities healthier as a country. Sec. 204. Local wellness policy. and institutions participating in food service I thank my colleagues for their as- Sec. 205. Team nutrition network. programs described in subsection (a) to dis- sistance and input on this important Sec. 206. Review of best practices in the seminate and use nutrition messages and bill as well as for their support. breakfast program. material developed by the Secretary.

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.143 S23PT1 S7250 CONGRESSIONAL RECORD — SENATE June 23, 2004

‘‘(3) SUMMER FOOD SERVICE PROGRAM FOR ‘‘(i) on the school premises; or ‘‘(A) IN GENERAL.—Subject to subparagraph CHILDREN.—In addition to any amounts re- ‘‘(ii) at any school-sponsored event.’’. (D), each State agency shall enter into an served under paragraph (1), in the case of the SEC. 103. PROVISION OF INFORMATION. agreement with the State agency conducting summer food service program for children es- Section 9(a) of the Richard B. Russell Na- eligibility determinations for the food stamp tablished under section 13, the State agency tional School Lunch Act (42 U.S.C. 1758(a)) is program established under the Food Stamp may— amended by adding at the end the following: Act of 1977 (7 U.S.C. 2011 et seq.). ‘‘(A) retain a portion of the funds made ‘‘(4) PROVISION OF INFORMATION.— ‘‘(B) PROCEDURES.—Subject to paragraph available under subsection (c) (as determined ‘‘(A) GUIDANCE.—Prior to the beginning of (6), the agreement shall establish procedures by the Secretary); and the school year beginning July 2004, the Sec- under which a child who is a member of a ‘‘(B) use the funds, in connection with the retary shall issue guidance to States and household receiving assistance under the program, to disseminate and use nutrition school food authorities to increase the con- food stamp program shall be certified as eli- messages and material developed by the Sec- sumption of foods and food ingredients that gible for free lunches under this Act and free retary. are recommended for increased serving con- breakfasts under the Child Nutrition Act of ‘‘(e) DOCUMENTATION.—A State agency, sumption in the most recent Dietary Guide- 1966 (42 U.S.C. 1771 et seq.), without further school food authority, and institution receiv- lines for Americans published under section application. ing funds under this section shall maintain 301 of the National Nutrition Monitoring and ‘‘(C) CERTIFICATION.—Subject to paragraph documentation of nutrition promotion ac- Related Research Act of 1990 (7 U.S.C. 5341). (6), under the agreement, the local edu- tivities conducted under this section. ‘‘(B) RULES.—Not later than 2 years after cational agency conducting eligibility deter- ‘‘(f) REALLOCATION.—The Secretary may re- minations for a school lunch program under allocate, to carry out this section, any the date of enactment of this paragraph, the Secretary shall promulgate rules, based on this Act and a school breakfast program amounts made available to carry out this under the Child Nutrition Act of 1966 (42 section that are not obligated or expended, the most recent Dietary Guidelines for Americans, that reflect specific rec- U.S.C. 1771 et seq.) shall certify a child who as determined by the Secretary. is a member of a household receiving assist- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ommendations, expressed in serving recommendations, for increased consumption of ance under the food stamp program as eligi- There are authorized to be appropriated such ble for free lunches under this Act and free sums as are necessary to carry out this sec- foods and food ingredients offered in school nutrition programs under this Act and the breakfasts under the Child Nutrition Act of tion, to remain available until expended.’’. 1966 (42 U.S.C. 1771 et seq.), without further Child Nutrition Act of 1966 (42 U.S.C. 1771 et SEC. 102. NUTRITION REQUIREMENTS. application. seq.).’’. Section 9(a) of the Richard B. Russell Na- ‘‘(D) APPLICABILITY.—This paragraph ap- tional School Lunch Act (42 U.S.C. 1758(a)) is SEC. 104. DIRECT CERTIFICATION. plies to— amended by striking paragraph (2) and in- (a) IN GENERAL.—Section 9(b) of the Rich- ‘‘(i) in the case of the school year begin- serting the following: ard B. Russell National School Lunch Act (42 ning July 2006, a school district that had an ‘‘(2) FLUID MILK.— U.S.C. 1758(b)) is amended— enrollment of 25,000 students or more in the ‘‘(A) IN GENERAL.—Lunches served by (1) by redesignating paragraphs (3) through preceding school year; schools participating in the school lunch (7) as paragraphs (9) through (13), respec- ‘‘(ii) in the case of the school year begin- program under this Act— tively; and ning July 2007, a school district that had an ‘‘(i) shall offer students fluid milk in a va- (2) in paragraph (2)— enrollment of 10,000 students or more in the riety of fat contents; (A) in subparagraph (B)— preceding school year; and ‘‘(ii) may offer students flavored and (i) by striking ‘‘(B) Applications’’ and in- ‘‘(iii) in the case of the school year begin- unflavored fluid milk and lactose-free fluid serting the following: ning July 2008 and each subsequent school milk; and ‘‘(B) APPLICATIONS AND DESCRIPTIVE MATE- year, each local educational agency.’’. ‘‘(iii) shall provide a substitute for fluid RIAL.— (b) ADMINISTRATION.— milk for students whose disability restricts ‘‘(i) IN GENERAL.—Applications’’; (1) IN GENERAL.—Section 9(b) of the Rich- their diet, on receipt of a written statement (ii) in the second sentence, by striking ard B. Russell National School Lunch Act (42 from a licensed physician that identifies the ‘‘Such forms and descriptive material’’ and U.S.C. 1758(b)) (as amended by subsection (a)) disability that restricts the student’s diet inserting the following: is amended by inserting after paragraph (4) and that specifies the substitute for fluid ‘‘(ii) INCOME ELIGIBILITY GUIDELINES.— the following: milk. Forms and descriptive material distributed ‘‘(5) DISCRETIONARY CERTIFICATION.— ‘‘(B) SUBSTITUTES.— in accordance with clause (i)’’; and ‘‘(A) IN GENERAL.—Subject to paragraph ‘‘(i) STANDARDS FOR SUBSTITUTION.—A (iii) by adding at the end the following: (6), any local educational agency may certify school may substitute for the fluid milk pro- ‘‘(iii) CONTENTS OF DESCRIPTIVE MATE- any child as eligible for free lunches or vided under subparagraph (A), a nondairy RIAL.— breakfasts, without further application, by beverage that is nutritionally equivalent to ‘‘(I) IN GENERAL.—Descriptive material dis- directly communicating with the appro- fluid milk and meets nutritional standards tributed in accordance with clause (i) shall priate State or local agency to obtain docu- established by the Secretary (which shall, contain a notification that— mentation of the status of the child as— among other requirements to be determined ‘‘(aa) participants in the programs listed in ‘‘(i) a member of a family that is receiving by the Secretary, include fortification of cal- subclause (II) may be eligible for free or re- assistance under the temporary assistance cium, protein, vitamin A, and vitamin D to duced price meals; and for needy families program funded under levels found in cow’s milk) for students who ‘‘(bb) documentation may be requested for part A of title IV of the Social Security Act cannot consume fluid milk because of a med- verification of eligibility for free or reduced (42 U.S.C. 601 et seq.) that the Secretary de- ical or other special dietary need other than price meals. termines complies with standards estab- a disability described in subparagraph ‘‘(II) PROGRAMS.—The programs referred to lished by the Secretary that ensure that the (A)(iii). in subclause (I)(aa) are— standards under the State program are com- ‘‘(ii) NOTICE.—The substitutions may be ‘‘(aa) the special supplemental nutrition parable to or more restrictive than those in made if the school notifies the State agency program for women, infants, and children es- effect on June 1, 1995; that the school is implementing a variation tablished by section 17 of the Child Nutrition ‘‘(ii) a homeless child or youth (defined as allowed under this subparagraph, and if the Act of 1966 (42 U.S.C. 1786); 1 of the individuals described in section 725(2) substitution is requested by written state- ‘‘(bb) the food stamp program established of the McKinney-Vento Homeless Assistance ment of a medical authority or by a stu- under the Food Stamp Act of 1977 (7 U.S.C. Act (42 U.S.C. 11434a(2)); dent’s parent or legal guardian that identi- 2011 et seq.); ‘‘(iii) served by the runaway and homeless fies the medical or other special dietary need ‘‘(cc) the food distribution program on In- youth grant program established under the that restricts the student’s diet, except that dian reservations established under section Runaway and Homeless Youth Act (42 U.S.C. the school shall not be required to provide 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 5701 et seq.); or beverages other than beverages the school 2013(b)); and ‘‘(iv) a migratory child (as defined in sec- has identified as acceptable substitutes. ‘‘(dd) a State program funded under the tion 1309 of the Elementary and Secondary ‘‘(iii) EXCESS EXPENSES BORNE BY SCHOOL program of block grants to States for tem- Education Act of 1965 (20 U.S.C. 6399)).’’. FOOD AUTHORITY.—Expenses incurred in pro- porary assistance for needy families estab- ‘‘(B) CHILDREN OF HOUSEHOLDS RECEIVING viding substitutions under this subparagraph lished under part A of title IV of the Social FOOD STAMPS.—Subject to paragraph (6), any that are in excess of expenses covered by re- Security Act (42 U.S.C. 601 et seq.).’’; local educational agency may certify any imbursements under this Act shall be paid (B) by striking ‘‘(C)(i)’’ and inserting ‘‘(3)’’; child as eligible for free lunches or break- by the school food authority. and fasts, without further application, by di- ‘‘(C) RESTRICTIONS ON SALE OF MILK PROHIB- (C) by striking clause (ii) of subparagraph rectly communicating with the appropriate ITED.—A school that participates in the (C) (as it existed before the amendment made State or local agency to obtain documenta- school lunch program under this Act shall by subparagraph (B)) and all that follows tion of the status of the child as a member not directly or indirectly restrict the sale or through the end of subparagraph (D) and in- of a household that is receiving food stamps marketing of fluid milk products by the serting the following: under the Food Stamp Act of 1977 (7 U.S.C. school (or by a person approved by the ‘‘(4) DIRECT CERTIFICATION FOR CHILDREN IN 2011 et seq.). school) at any time or any place— FOOD STAMP HOUSEHOLDS.— ‘‘(6) USE OR DISCLOSURE OF INFORMATION.—

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‘‘(A) IN GENERAL.—The use or disclosure of health programs referred to in subparagraph (1) Effective July 1, 2008, paragraph (5) of any information obtained from an applica- (A)(iv); and section 9(b) of the Richard B. Russell Na- tion for free or reduced price meals, or from ‘‘(II) provides each parent or guardian of a tional School Lunch Act (42 U.S.C. 1758(b)) a State or local agency referred to in para- child in the household with an opportunity (as added by subsection (b)(1)) is amended— graph (3)(F), (4), or (5), shall be limited to— to elect not to have the information dis- (A) by striking subparagraph (B); ‘‘(i) a person directly connected with the closed. (B) by striking ‘‘CERTIFICATION.—’’ and all administration or enforcement of this Act or ‘‘(E) USE OF DISCLOSED INFORMATION.—A that follows through ‘‘IN GENERAL.—’’ and in- the Child Nutrition Act of 1966 (42 U.S.C. 1771 person to which information is disclosed serting ‘‘CERTIFICATION.—’’; and et seq.) (including a regulation promulgated under subparagraph (A)(iv)(I) shall use or (C) by redesignating clauses (i) through under either Act); disclose the information only as necessary (iv) as subparagraphs (A) through (D), re- ‘‘(ii) a person directly connected with the for the purpose of enrolling children in spectively, and indenting appropriately. administration or enforcement of— health programs referred to in subparagraph (2) Section 9 of the Richard B. Russell Na- ‘‘(I) a Federal education program; (A)(iv). tional School Lunch Act (42 U.S.C. 1758) (as ‘‘(II) a State health or education program ‘‘(7) FREE AND REDUCED PRICE POLICY STATE- amended by subsection (a)(1)) is amended— administered by the State or local edu- MENT.— (A) in subsection (b)(12)(B), by striking cational agency (other than a program car- ‘‘(A) IN GENERAL.—After the initial submis- ‘‘paragraph (2)(C)’’ and inserting ‘‘this sub- ried out under title XIX or XXI of the Social sion, a local educational agency shall not be section’’; and Security Act (42 U.S.C. 1396 et seq.; 42 U.S.C. required to submit a free and reduced price (B) in the second sentence of subsection 1397aa et seq.)); or policy statement to a State educational (d)(1), by striking ‘‘subsection (b)(2)(C)’’ and ‘‘(III) a Federal, State, or local means-test- agency under this Act unless there is a sub- inserting ‘‘subsection (b)(3)(G)’’. ed nutrition program with eligibility stand- stantive change in the free and reduced price (3) Section 11(e) of the Richard B. Russell ards comparable to the school lunch program policy of the local educational agency. National School Lunch Act (42 U.S.C. under this Act; ‘‘(B) ROUTINE CHANGE.—A routine change in 1759a(e)) is amended in the first sentence by ‘‘(iii)(I) the Comptroller General of the the policy of a local educational agency striking ‘‘section 9(b)(3)’’ and inserting ‘‘sec- United States for audit and examination au- (such as an annual adjustment of the income tion 9(b)(9)’’. thorized by any other provision of law; and eligibility guidelines for free and reduced SEC. 105. HOUSEHOLD APPLICATIONS. ‘‘(II) notwithstanding any other provision price meals) shall not be sufficient cause for of law, a Federal, State, or local law enforce- requiring the local educational agency to (a) IN GENERAL.—Section 9(b) of the Rich- ment official for the purpose of investigating submit a policy statement. ard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) (as amended by section an alleged violation of any program covered ‘‘(8) COMMUNICATIONS.— 104(a)(2)(B)) is amended by striking para- by this paragraph or paragraph (3)(F), (4), or ‘‘(A) IN GENERAL.—Any communication (5); with a household under this subsection or graph (3) and inserting the following: ‘‘(iv) a person directly connected with the subsection (d) shall be in an understandable ‘‘(3) HOUSEHOLD APPLICATIONS.— administration of the State medicaid pro- and uniform format and, to the maximum ‘‘(A) DEFINITION OF HOUSEHOLD APPLICA- gram under title XIX of the Social Security extent practicable, in a language that par- TION.—In this paragraph, the term ‘house- Act (42 U.S.C. 1396 et seq.) or the State chil- ents and legal guardians can understand. hold application’ means an application for a dren’s health insurance program under title ‘‘(B) ELECTRONIC AVAILABILITY.—In addi- child of a household to receive free or re- XXI of that Act (42 U.S.C. 1397aa et seq.) tion to the distribution of applications and duced price school lunches under this Act, or solely for the purposes of— descriptive material in paper form as pro- free or reduced price school breakfasts under ‘‘(I) identifying children eligible for bene- vided for in this paragraph, the applications the Child Nutrition Act of 1966 (42 U.S.C. 1771 fits under, and enrolling children in, those and material may be made available elec- et seq.), for which an eligibility determina- programs, except that this subclause shall tronically via the Internet.’’. tion is made other than under paragraph (4) apply only to the extent that the State and (2) AGREEMENT FOR DIRECT CERTIFICATION or (5). the local educational agency or school food AND COOPERATION.—Section 11 of the Food ‘‘(B) ELIGIBILITY DETERMINATION.— authority so elect; and Stamp Act of 1977 (7 U.S.C. 2020) is amended ‘‘(i) IN GENERAL.—An eligibility determina- ‘‘(II) verifying the eligibility of children by adding at the end the following: tion shall be made on the basis of a complete for programs under this Act or the Child Nu- ‘‘(u) AGREEMENT FOR DIRECT CERTIFICATION household application executed by an adult trition Act of 1966 (42 U.S.C. 1771 et seq.); and AND COOPERATION.— member of the household or in accordance ‘‘(v) a third party contractor described in ‘‘(1) IN GENERAL.—Each State agency shall with guidance issued by the Secretary. paragraph (3)(G)(iv). enter into an agreement with the State ‘‘(ii) ELECTRONIC SIGNATURES AND APPLICA- ‘‘(B) LIMITATION ON INFORMATION PRO- agency administering the school lunch pro- TIONS.—A household application may be exe- VIDED.—Information provided under clause gram established under the Richard B. Rus- cuted using an electronic signature if— (ii) or (v) of subparagraph (A) shall be lim- sell National School Lunch Act (42 U.S.C. ‘‘(I) the application is submitted electroni- ited to the income eligibility status of the 1751 et seq.). cally; and child for whom application for free or re- ‘‘(2) CONTENTS.—The agreement shall es- ‘‘(II) the electronic application filing sys- duced price meal benefits is made or for tablish procedures that ensure that— tem meets confidentiality standards estab- whom eligibility information is provided ‘‘(A) any child receiving benefits under this lished by the Secretary. under paragraph (3)(F), (4), or (5), unless the Act shall be certified as eligible for free ‘‘(C) CHILDREN IN HOUSEHOLD.— consent of the parent or guardian of the lunches under the Richard B. Russell Na- ‘‘(i) IN GENERAL.—The household applica- child for whom application for benefits was tional School Lunch Act (42 U.S.C. 1751 et tion shall identify the names of each child in made is obtained. seq.) and free breakfasts under the Child Nu- the household for whom meal benefits are re- ‘‘(C) CRIMINAL PENALTY.—A person de- trition Act of 1966 (42 U.S.C. 1771 et seq.), quested. scribed in subparagraph (A) who publishes, without further application; and ‘‘(ii) SEPARATE APPLICATIONS.—A State divulges, discloses, or makes known in any ‘‘(B) each State agency shall cooperate in educational agency or local educational manner, or to any extent not authorized by carrying out paragraphs (3)(F) and (4) of sec- agency may not request a separate applica- Federal law (including a regulation), any in- tion 9(b) of the Richard B. Russell National tion for each child in the household that at- formation obtained under this subsection School Lunch Act (42 U.S.C. 1758(b)).’’. tends schools under the same local edu- shall be fined not more than $1,000 or impris- (c) FUNDING.— cational agency. oned not more than 1 year, or both. (1) IN GENERAL.—On October 1, 2005, out of ‘‘(D) VERIFICATION OF SAMPLE.— ‘‘(D) REQUIREMENTS FOR WAIVER OF CON- any funds in the Treasury not otherwise ap- ‘‘(i) DEFINITIONS.—In this subparagraph: FIDENTIALITY.—A State that elects to exer- propriated, the Secretary of the Treasury ‘‘(I) ERROR PRONE APPLICATION.—The term cise the option described in subparagraph shall transfer to the Secretary of Agri- ‘error prone application’ means an approved (A)(iv)(I) shall ensure that any local edu- culture to assist States in carrying out the household application that— cational agency or school food authority act- amendments contained in this section and ‘‘(aa) indicates monthly income that is ing in accordance with that option— the provisions of section 9(b)(3) of the Rich- within $100, or an annual income that is ‘‘(i) has a written agreement with 1 or ard B. Russell National School Lunch Act (as within $1,200, of the income eligibility limi- more State or local agencies administering amended by section 105(a)) $9,000,000, to re- tation for free or reduced price meals; or health programs for children under titles main available until expended. ‘‘(bb) in lieu of the criteria established XIX and XXI of the Social Security Act (42 (2) RECEIPT AND ACCEPTANCE.—The Sec- under item (aa), meets criteria established U.S.C. 1396 et seq. and 1397aa et seq.) that re- retary shall be entitled to receive, shall ac- by the Secretary. quires the health agencies to use the infor- cept, and shall use to assist States in car- ‘‘(II) NON-RESPONSE RATE.—The term ‘non- mation obtained under subparagraph (A) to rying out the amendments made by this sec- response rate’ means (in accordance with seek to enroll children in those health pro- tion and the provisions of section 9(b)(3) of guidelines established by the Secretary) the grams; and the Richard B. Russell National School percentage of approved household applica- ‘‘(ii)(I) notifies each household, the infor- Lunch Act (as amended by section 105(a)) the tions for which verification information has mation of which shall be disclosed under sub- funds transferred under paragraph (1), with- not been obtained by a local educational paragraph (A), that the information dis- out further appropriation. agency after attempted verification under closed will be used only to enroll children in (d) CONFORMING AMENDMENTS.— subparagraphs (F) and (G).

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‘‘(ii) VERIFICATION OF SAMPLE.—Each ‘‘(BB) in the case of the school year begin- ‘‘(ii) FREE MEALS.—Public agency records school year, a local educational agency shall ning July 2005, the local educational agency that may be obtained and used under clause verify eligibility of the children in a sample attempts to verify all approved household (i) to verify eligibility for free meals for ap- of household applications approved for the applications selected for verification proved household applications selected for school year by the local educational agency, through use of public agency records from at verification shall include the most recent as determined by the Secretary in accord- least 2 of the programs or sources of infor- available information (other than informa- ance with this subsection. mation described in subparagraph (F)(i). tion reflecting program participation or in- ‘‘(iii) SAMPLE SIZE.—Except as otherwise ‘‘(v) ADDITIONAL SELECTED APPLICATIONS.— come before the 180-day period ending on the provided in this paragraph, the sample for a A sample for a local educational agency for date of application for free meals) that is re- local educational agency for a school year a school year under clauses (iii) and lied on to administer— shall equal the lesser of— (iv)(III)(AA) shall include the number of ad- ‘‘(I) a program or source of information de- ‘‘(I) 3 percent of all applications approved ditional randomly selected approved house- scribed in clause (i) (other than clause by the local educational agency for the hold applications that are required to com- (i)(IV)); or school year, as of October 1 of the school ply with the sample size requirements in ‘‘(II) the State plan for medical assistance year, selected from error prone applications; those clauses. under title XIX of the Social Security Act or (42 U.S.C. 1396 et seq.) in— ‘‘(E) PRELIMINARY REVIEW.— ‘‘(II) 3,000 error prone applications ap- ‘‘(aa) a State in which the income eligi- ‘‘(i) REVIEW FOR ACCURACY.— proved by the local educational agency for bility limit applied under section 1902(l)(2)(C) ‘‘(I) IN GENERAL.—Prior to conducting any the school year, as of October 1 of the school of that Act (42 U.S.C. 1396a(l)(2)(C)) is not other verification activity for approved year. more than 133 percent of the official poverty household applications selected for ‘‘(iv) ALTERNATIVE SAMPLE SIZE.— line described in section 1902(l)(2)(A) of that verification, the local educational agency ‘‘(I) IN GENERAL.—If the conditions de- Act (42 U.S.C. 1396a(l)(2)(A)); or shall ensure that the initial eligibility deter- scribed in subclause (IV) are met, the ‘‘(bb) a State that otherwise identifies mination for each approved household appli- verification sample size for a local edu- households that have income that is not cation is reviewed for accuracy by an indi- cational agency shall be the sample size de- more than 133 percent of the official poverty vidual other than the individual making the scribed in subclause (II) or (III), as deter- line described in section 1902(l)(2)(A) of that mined by the local educational agency. initial eligibility determination, unless oth- Act (42 U.S.C. 1396a(l)(2)(A)). erwise determined by the Secretary. ‘‘(II) 3,000/3 PERCENT OPTION.—The sample ‘‘(iii) REDUCED PRICE MEALS.—Public agen- size described in this subclause shall be the ‘‘(II) WAIVER.—The requirements of sub- cy records that may be obtained and used lesser of 3,000, or 3 percent of, applications clause (I) shall be waived for a local edu- under clause (i) to verify eligibility for re- selected at random from applications ap- cational agency if the local educational duced price meals for approved household approved by the local educational agency for agency is using a technology-based solution plications selected for verification shall in- the school year, as of October 1 of the school that demonstrates a high level of accuracy, clude the most recent available information year. to the satisfaction of the Secretary, in proc- (other than information reflecting program ‘‘(III) 1,000/1 PERCENT PLUS OPTION.— essing an initial eligibility determination in participation or income before the 180-day ‘‘(aa) IN GENERAL.—The sample size de- accordance with the income eligibility period ending on the date of application for scribed in this subclause shall be the sum guidelines of the school lunch program. reduced price meals) that is relied on to ad- of— ‘‘(ii) CORRECT ELIGIBILITY DETERMINATION.— minister— ‘‘(AA) the lesser of 1,000, or 1 percent of, all If the review indicates that the initial eligi- ‘‘(I) a program or source of information de- applications approved by the local edu- bility determination is correct, the local scribed in clause (i) (other than clause cational agency for the school year, as of Oc- educational agency shall verify the approved (i)(IV)); or tober 1 of the school year, selected from household application. ‘‘(II) the State plan for medical assistance error prone applications; and ‘‘(iii) INCORRECT ELIGIBILITY DETERMINA- under title XIX of the Social Security Act ‘‘(BB) the lesser of 500, or 1⁄2 of 1 percent of, TION.—If the review indicates that the initial (42 U.S.C. 1396 et seq.) in— applications approved by the local edu- eligibility determination is incorrect, the ‘‘(aa) a State in which the income eligi- cational agency for the school year, as of Oc- local educational agency shall (as deter- bility limit applied under section 1902(l)(2)(C) tober 1 of the school year, that provide a mined by the Secretary)— of that Act (42 U.S.C. 1396a(l)(2)(C)) is not case number (in lieu of income information) ‘‘(I) correct the eligibility status of the more than 185 percent of the official poverty showing participation in a program described household; line described in section 1902(l)(2)(A) of that in item (bb) selected from those approved ap- ‘‘(II) notify the household of the change; Act (42 U.S.C. 1396a(l)(2)(A)); or plications that provide a case number (in ‘‘(III) in any case in which the review indi- ‘‘(bb) a State that otherwise identifies lieu of income information) verifying the cates that the household is not eligible for households that have income that is not participation. free or reduced-price meals, notify the more than 185 percent of the official poverty ‘‘(bb) PROGRAMS.—The programs described household of the reason for the ineligibility line described in section 1902(l)(2)(A) of that in this item are— and that the household may reapply with in- Act (42 U.S.C. 1396a(l)(2)(A)). ‘‘(AA) the food stamp program established come documentation for free or reduced- ‘‘(iv) EVALUATION.—Not later than 3 years under the Food Stamp Act of 1977 (7 U.S.C. price meals; and after the date of enactment of this subpara- 2011 et seq.); ‘‘(IV) in any case in which the review indi- graph, the Secretary shall complete an eval- ‘‘(BB) the food distribution program on In- cates that the household is eligible for free uation of— dian reservations established under section or reduced-price meals, verify the approved ‘‘(I) the effectiveness of direct verification 4(b) of the Food Stamp Act of 1977 (7 U.S.C. household application. carried out under this subparagraph in de- 2013(b)); and ‘‘(F) DIRECT VERIFICATION.— creasing the portion of the verification sam- ‘‘(CC) a State program funded under the ‘‘(i) IN GENERAL.—Subject to clauses (ii) ple that must be verified under subparagraph program of block grants to States for tem- and (iii), to verify eligibility for free or re- (G) while ensuring that adequate verification porary assistance for needy families estab- duced price meals for approved household ap- information is obtained; and lished under part A of title IV of the Social plications selected for verification, the local ‘‘(II) the feasibility of direct verification Security Act (42 U.S.C. 601 et seq.) that the educational agency may (in accordance with by State agencies and local educational Secretary determines complies with stand- criteria established by the Secretary) first agencies. ards established by the Secretary that en- obtain and use income and program partici- ‘‘(v) EXPANDED USE OF DIRECT sure that the standards under the State pro- pation information from a public agency ad- VERIFICATION.—If the Secretary determines gram are comparable to or more restrictive ministering— that direct verification significantly de- than those in effect on June 1, 1995. ‘‘(I) the food stamp program established creases the portion of the verification sam- ‘‘(IV) CONDITIONS.—The conditions referred under the Food Stamp Act of 1977 (7 U.S.C. ple that must be verified under subparagraph to in subclause (I) shall be met for a local 2011 et seq.); (G), while ensuring that adequate educational agency for a school year if— ‘‘(II) the food distribution program on In- verification information is obtained, and can ‘‘(aa) the nonresponse rate for the local dian reservations established under section be conducted by most State agencies and educational agency for the preceding school 4(b) of the Food Stamp Act of 1977 (7 U.S.C. local educational agencies, the Secretary year is less than 20 percent; or 2013(b)); may require a State agency or local edu- ‘‘(bb) the local educational agency has ‘‘(III) the temporary assistance for needy cational agency to implement direct more than 20,000 children approved by appli- families program funded under part A of title verification through 1 or more of the pro- cation by the local educational agency as el- IV of the Social Security Act (42 U.S.C. 601 grams described in clause (i), as determined igible for free or reduced price meals for the et seq.); by the Secretary, unless the State agency or school year, as of October 1 of the school ‘‘(IV) the State medicaid program under local educational agency demonstrates year, and— title XIX of the Social Security Act (42 (under criteria established by the Secretary) ‘‘(AA) the nonresponse rate for the pre- U.S.C. 1396 et seq.); or that the State agency or local educational ceding school year is at least 10 percent ‘‘(V) a similar income-tested program or agency lacks the capacity to conduct, or is below the nonresponse rate for the second other source of information, as determined unable to implement, direct verification. preceding school year; or by the Secretary. ‘‘(G) HOUSEHOLD VERIFICATION.—

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‘‘(i) IN GENERAL.—If an approved household ‘‘(II) how a computer system using tech- Runaway and Homeless Youth Act (42 U.S.C. application is not verified through the use of nology described in clause (i) could be imple- 5701 et seq.); or public agency records, a local educational mented; ‘‘(vi) a migratory child (as defined in sec- agency shall provide to the household writ- ‘‘(III) a plan for implementation; and tion 1309 of the Elementary and Secondary ten notice that— ‘‘(IV) proposed legislation, if necessary, to Education Act of 1965 (20 U.S.C. 6399)).’’. ‘‘(I) the approved household application implement the system.’’. (b) DOCUMENTATION.—Section 9(d)(2) of the has been selected for verification; and (b) CONFORMING AMENDMENTS.—Section Richard B. Russell National School Lunch ‘‘(II) the household is required to submit 1902(a)(7) of the Social Security Act (42 Act (42 U.S.C. 1758(d)(2)) is amended— verification information to confirm eligi- U.S.C. 1396a(a)(7)) is amended— (1) in subparagraph (B), by striking ‘‘or’’; bility for free or reduced price meals. (1) by striking ‘‘connected with the’’ and (2) in subparagraph (C), by striking the pe- ‘‘(ii) PHONE NUMBER.—The written notice in inserting ‘‘connected with— riod at the end and inserting a semicolon; clause (i) shall include a toll-free phone ‘‘(A) the’’; and number that parents and legal guardians in (2) by adding ‘‘and’’ after the semicolon; (3) by inserting after subparagraph (C) the households selected for verification can call and following: for assistance with the verification process. (3) by adding at the end the following: ‘‘(D) documentation has been provided to ‘‘(iii) FOLLOWUP ACTIVITIES.—If a household ‘‘(B) at State option, the exchange of infor- the appropriate local educational agency does not respond to a verification request, a mation necessary to verify the certification showing that the child meets the criteria local educational agency shall make at least of eligibility of children for free or reduced specified in clauses (iv) or (v) of subsection 1 attempt to obtain the necessary price breakfasts under the Child Nutrition (b)(12)(A); or verification from the household in accord- Act of 1966 and free or reduced price lunches ‘‘(E) documentation has been provided to ance with guidelines and regulations promul- under the Richard B. Russell National the appropriate local educational agency gated by the Secretary. School Lunch Act, in accordance with sec- showing the status of the child as a migra- ‘‘(iv) CONTRACT AUTHORITY FOR SCHOOL tion 9(b) of that Act, using data standards tory child (as defined in section 1309 of the FOOD AUTHORITIES.—A local educational and formats established by the State agen- Elementary and Secondary Education Act of agency may contract (under standards estab- cy;’’. 1965 (20 U.S.C. 6399)).’’. lished by the Secretary) with a third party (c) EVALUATION FUNDING.— to assist the local educational agency in car- SEC. 108. CERTIFICATION BY LOCAL EDU- (1) IN GENERAL.—On October 1, 2005, out of CATIONAL AGENCIES. rying out clause (iii). any funds in the Treasury not otherwise ap- (a) CERTIFICATION BY LOCAL EDUCATIONAL ‘‘(H) VERIFICATION DEADLINE.— propriated, the Secretary of the Treasury AGENCY.—Section 9 of the Richard B. Russell ‘‘(i) GENERAL DEADLINE.— shall transfer to the Secretary of Agri- National School Lunch Act (42 U.S.C. 1758) is ‘‘(I) IN GENERAL.—Subject to subclause (II), culture to conduct the evaluation required amended— not later than November 15 of each school by section 9(b)(3)(F)(iv) of the Richard B. (1) in the second sentence of subsection year, a local educational agency shall com- Russell National School Lunch Act (as (b)(11) (as redesignated by section 104(a)(1)), plete the verification activities required for amended by subsection (a)) $2,000,000, to re- by striking ‘‘Local school authorities’’ and the school year (including followup activi- main available until expended. ties). inserting ‘‘Local educational agencies’’; and (2) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(II) EXTENSION.—Under criteria estab- (2) in subsection (d)(2)— retary of Agriculture shall be entitled to re- lished by the Secretary, a State may extend (A) by striking ‘‘local school food author- ceive, shall accept, and shall use to carry out the deadline established under subclause (I) ity’’ each place it appears and inserting this section the funds transferred under for a school year for a local educational ‘‘local educational agency’’; and paragraph (1), without further appropriation. agency to December 15 of the school year. (B) in subparagraph (A), by striking ‘‘such ‘‘(ii) ELIGIBILITY CHANGES.—Based on the SEC. 106. DURATION OF ELIGIBILITY FOR FREE authority’’ and inserting ‘‘the local edu- verification activities, the local educational OR REDUCED PRICE MEALS. cational agency’’. Paragraph (9) of section 9(b) of the Richard agency shall make appropriate modifications (b) DEFINITION OF LOCAL EDUCATIONAL B. Russell National School Lunch Act (42 to the eligibility determinations made for AGENCY.—Section 12(d) of the Richard B. U.S.C.1758(b)) (as redesignated by section household applications in accordance with Russell National School Lunch Act (42 U.S.C. 104(a)(1)) is amended— criteria established by the Secretary. 1760(d)) is amended— (1) by striking ‘‘(9) Any’’ and inserting the ‘‘(I) LOCAL CONDITIONS.—In the case of a (1) by redesignating paragraph (8) as para- following: natural disaster, civil disorder, strike, or graph (3) and moving the paragraph to ap- ‘‘(9) ELIGIBILITY FOR FREE AND REDUCED other local condition (as determined by the pear after paragraph (2); PRICE LUNCHES.— Secretary), the Secretary may substitute al- (2) by redesignating paragraphs (3) through ‘‘(A) FREE LUNCHES.—Any’’; ternatives for— (7) (as those paragraphs existed before the (2) by striking ‘‘Any’’ in the second sen- ‘‘(i) the sample size and sample selection amendment made by paragraph (1)) as para- tence and inserting the following: criteria established under subparagraph (D); graphs (5) through (9), respectively; and ‘‘(B) REDUCED PRICE LUNCHES.— and (3) by inserting after paragraph (3) (as re- ‘‘(i) IN GENERAL.—Any’’; ‘‘(ii) the verification deadline established designated by paragraph (1)) the following: (3) by striking ‘‘The’’ in the last sentence under subparagraph (H). ‘‘(4) LOCAL EDUCATIONAL AGENCY.— and inserting the following: ‘‘(J) INDIVIDUAL REVIEW.—In accordance ‘‘(A) IN GENERAL.—The term ‘local edu- ‘‘(ii) MAXIMUM PRICE.—The’’; and with criteria established by the Secretary, cational agency’ has the meaning given the (4) by adding at the end the following: the local educational agency may, on indi- term in section 9101 of the Elementary and ‘‘(C) DURATION.—Except as otherwise speci- vidual review— Secondary Education Act of 1965 (20 U.S.C. fied in paragraph (3)(E), (3)(H)(ii), and sec- ‘‘(i) decline to verify no more than 5 per- 7801). tion 11(a), eligibility for free or reduced price cent of approved household applications se- ‘‘(B) INCLUSION.—The term ‘local edu- meals for any school year shall remain in ef- lected under subparagraph (D); and cational agency’ includes, in the case of a fect— ‘‘(ii) replace the approved household appli- private nonprofit school, an appropriate en- ‘‘(i) beginning on the date of eligibility ap- cations with other approved household appli- tity determined by the Secretary.’’. cations to be verified. proval for the current school year; and (c) SCHOOL BREAKFAST PROGRAM.—Section EASIBILITY STUDY.— ‘‘(ii) ending on a date during the subse- ‘‘(K) F 4(b)(1)(E)) of the Child Nutrition Act of 1966 ‘‘(i) IN GENERAL.—The Secretary shall con- quent school year determined by the Sec- (42 U.S.C. 1773(b)(1)(E)) is amended by strik- duct a study of the feasibility of using com- retary.’’. ing ‘‘school food authority’’ each place it ap- puter technology (including data mining) to SEC. 107. RUNAWAY, HOMELESS, AND MIGRANT pears and inserting ‘‘local educational agen- reduce— YOUTH. cy’’. ‘‘(I) overcertification errors in the school (a) CATEGORICAL ELIGIBILITY FOR FREE lunch program under this Act; LUNCHES AND BREAKFASTS.—Section SEC. 109. EXCLUSION OF MILITARY HOUSING AL- ‘‘(II) waste, fraud, and abuse in connection 9(b)(12)(A) of the Richard B. Russell National LOWANCES. with this paragraph; and School Lunch Act (as redesignated by sec- Section 9(b) of the Richard B. Russell Na- ‘‘(III) errors, waste, fraud, and abuse in tion 104(a)(1) of this Act) is amended— tional School Lunch Act (42 U.S.C. 1758(b)) other nutrition programs, as determined to (1) in clause (ii), by striking ‘‘or’’ at the (as amended by section 104(a)(1)) is amended be appropriate by the Secretary. end; in paragraph (13) by striking ‘‘For each of ‘‘(ii) REPORT.—Not later than 180 days after (2) in clause (iii), by striking the period at fiscal years 2002 and 2003 and through June the date of enactment of this paragraph, the the end and inserting a semicolon; and 30, 2004, the’’ and inserting ‘‘The’’. Secretary shall submit to the Committee on (3) by adding at the end the following: SEC. 110. WAIVER OF REQUIREMENT FOR Education and the Workforce of the House of ‘‘(iv) a homeless child or youth (defined as WEIGHTED AVERAGES FOR NUTRI- Representatives and the Committee on Agri- 1 of the individuals described in section 725(2) ENT ANALYSIS. culture, Nutrition, and Forestry of the Sen- of the McKinney-Vento Homeless Assistance Section 9(f)(5) of the Richard B. Russell ate a report describing— Act (42 U.S.C. 11434a(2)); National School Lunch Act (42 U.S.C. ‘‘(I) the results of the feasibility study con- ‘‘(v) served by the runaway and homeless 1758(f)(5)) is amended by striking ‘‘September ducted under this subsection; youth grant program established under the 30, 2003’’ and inserting ‘‘September 30, 2009’’.

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SEC. 111. FOOD SAFETY. ‘‘(3) PROCURING SAFE FOODS.—Activities ‘‘(II) RECEIPT AND ACCEPTANCE.—The Sec- Section 9(h) of the Richard B. Russell Na- carried out under paragraph (1) shall include retary shall be entitled to receive, shall ac- tional School Lunch Act (42 U.S.C. 1758(h)) is technical assistance and training on pro- cept, and shall use to carry out this subpara- amended— curing safe foods, including the use of model graph the funds transferred under subclause (1) in the subsection heading, by striking specifications for procuring safe foods. (I), without further appropriation.’’. ‘‘INSPECTIONS’’; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (d) SUMMER FOOD SERVICE RURAL TRANS- (2) in paragraph (1)— There is authorized to be appropriated to PORTATION.—Section 13(a) of the Richard B. (A) by striking ‘‘Except as provided in carry out this subsection $1,000,000 for each Russell National School Lunch Act (42 U.S.C. paragraph (2), a’’ and inserting ‘‘A’’; of fiscal years 2005 through 2009, to remain 1761(a)) (as amended by subsection (c)) is (B) by striking ‘‘shall, at least once’’ and available until expended.’’. amended by adding at the end the following: inserting: ‘‘shall— SEC. 116. SUMMER FOOD SERVICE PROGRAM FOR ‘‘(10) SUMMER FOOD SERVICE RURAL TRANS- ‘‘(A) at least twice’’; CHILDREN. PORTATION.— (C) by striking the period at the end and (a) SEAMLESS SUMMER OPTION.—Section ‘‘(A) IN GENERAL.—The Secretary shall pro- inserting a semicolon; and 13(a) of the Richard B. Russell National vide grants, through not more than 5 eligible (D) by adding at the end the following: School Lunch Act (42 U.S.C. 1761(a)) is State agencies selected by the Secretary, to ‘‘(B) post in a publicly visible location a amended by adding at the end the following: not more than 60 eligible service institutions report on the most recent inspection con- ‘‘(8) SEAMLESS SUMMER OPTION.—Except as selected by the Secretary to increase partici- ducted under subparagraph (A); and otherwise determined by the Secretary, a pation at congregate feeding sites in the ‘‘(C) on request, provide a copy of the re- service institution that is a public or private summer food service program for children port to a member of the public.’’; and nonprofit school food authority may provide authorized by this section through innova- (3) by striking paragraph (2) and inserting summer or school vacation food service in tive approaches to limited transportation in the following: accordance with applicable provisions of law rural areas. ‘‘(2) STATE AND LOCAL GOVERNMENT INSPEC- governing the school lunch program estab- ‘‘(B) ELIGIBILITY.—To be eligible to receive TIONS.—Nothing in paragraph (1) prevents lished under this Act or the school breakfast a grant under this paragraph— any State or local government from adopting program established under the Child Nutri- ‘‘(i) a State agency shall submit an appli- or enforcing any requirement for more fre- tion Act of 1966 (42 U.S.C. 1771 et seq.).’’. cation to the Secretary, in such manner as quent food safety inspections of schools. (b) SEAMLESS SUMMER REIMBURSEMENTS.— the Secretary shall establish, and meet cri- ‘‘(3) AUDITS AND REPORTS BY STATES.—For Section 13(b)(1) of the Richard B. Russell Na- teria established by the Secretary; and each of fiscal years 2006 through 2009, each tional School Lunch Act (42 U.S.C. 1761(b)(1)) ‘‘(ii) a service institution shall agree to the State shall annually— is amended by adding at the end the fol- terms and conditions of the grant, as estab- ‘‘(A) audit food safety inspections of lowing: lished by the Secretary. schools conducted under paragraphs (1) and ‘‘(D) SEAMLESS SUMMER REIMBURSEMENTS.— ‘‘(C) DURATION.—A service institution that (2); and A service institution described in subsection receives a grant under this paragraph may ‘‘(B) submit to the Secretary a report of (a)(8) shall be reimbursed for meals and meal use the grant funds during the 3-fiscal year the results of the audit. supplements in accordance with the applica- period beginning in fiscal year 2005. ‘‘(4) AUDIT BY THE SECRETARY.—For each of ble provisions under this Act (other than ‘‘(D) REPORTS.—The Secretary shall submit fiscal years 2006 through 2009, the Secretary subparagraphs (A), (B), and (C) of this para- to the Committee on Education and the shall annually audit State reports of food graph and paragraph (4)) and the Child Nutri- Workforce of the House of Representatives safety inspections of schools submitted tion Act of 1966 (42 U.S.C. 1771 et seq.), as de- and the Committee on Agriculture, Nutri- under paragraph (3). termined by the Secretary.’’. tion, and Forestry of the Senate— ‘‘(5) SCHOOL FOOD SAFETY PROGRAM.—Each (c) SUMMER FOOD SERVICE ELIGIBILITY CRI- ‘‘(i) not later than January 1, 2007, an in- school food authority shall implement a TERIA.—Section 13(a) of the Richard B. Rus- terim report that describes— school food safety program, in the prepara- sell National School Lunch Act (42 U.S.C. ‘‘(I) the use of funds made available under tion and service of each meal served to chil- 1761(a)) (as amended by subsection (a)) is this paragraph; and dren, that complies with any hazard analysis amended by adding at the end the fol- ‘‘(II) any progress made by using funds and critical control point system established lowing— from each grant provided under this para- by the Secretary.’’. ‘‘(9) EXEMPTION.— graph; and SEC. 112. PURCHASES OF LOCALLY PRODUCED ‘‘(A) IN GENERAL.—For each of calendar ‘‘(ii) not later than January 1, 2008, a final FOODS. years 2005 and 2006 in rural areas of the State report that describes— Section 9(j)(2)(A) of the Richard B. Russell of Pennsylvania (as determined by the Sec- ‘‘(I) the use of funds made available under National School Lunch Act (42 U.S.C. retary), the threshold for determining ‘areas this paragraph; 1758(j)(2)(A)) is amended by striking ‘‘2007’’ in which poor economic conditions exist’ ‘‘(II) any progress made by using funds and inserting ‘‘2009’’. under paragraph (1)(C) shall be 40 percent. from each grant provided under this para- SEC. 113. SPECIAL ASSISTANCE. ‘‘(B) EVALUATION.— graph; Section 11(a)(1) of the Richard B. Russell ‘‘(i) IN GENERAL.—The Secretary, acting ‘‘(III) the impact of this paragraph on par- National School Lunch Act (42 U.S.C. through the Administrator of the Food and ticipation in the summer food service pro- 1759a(a)(1)) is amended by inserting ‘‘or gram for children authorized by this section; school district’’ after ‘‘school’’ each place it Nutrition Service, shall evaluate the impact and appears in subparagraphs (C) through (E) of the eligibility criteria described in sub- ‘‘(IV) any recommendations by the Sec- (other than as part of ‘‘school year’’, ‘‘school paragraph (A) as compared to the eligibility retary concerning the activities of the serv- years’’, ‘‘school lunch’’, ‘‘school breakfast’’, criteria described in paragraph (1)(C). ice institutions receiving grants under this and ‘‘4-school-year period’’). ‘‘(ii) IMPACT.—The evaluation shall assess paragraph. SEC. 114. FOOD AND NUTRITION PROJECTS INTE- the impact of the threshold in subparagraph UNDING GRATED WITH ELEMENTARY (A) on— ‘‘(E) F .— SCHOOL CURRICULA. ‘‘(I) the number of sponsors offering meals ‘‘(i) IN GENERAL.—Out of any funds in the Section 12 of the Richard B. Russell Na- through the summer food service program; Treasury not otherwise appropriated, the tional School Lunch Act (42 U.S.C. 1760) is ‘‘(II) the number of sites offering meals Secretary of the Treasury shall transfer to amended by striking subsection (m). through the summer food service program; the Secretary of Agriculture to carry out SEC. 115. PROCUREMENT TRAINING. ‘‘(III) the geographic location of the sites; this paragraph— Section 12 of the Richard B. Russell Na- ‘‘(IV) services provided to eligible children; ‘‘(I) on October 1, 2005, $2,000,000; and tional School Lunch Act (42 U.S.C. 1760) (as and ‘‘(II) on October 1, 2006, and October 1, 2007, amended by section 114) is amended by in- ‘‘(V) other factors determined by the Sec- $1,000,000. serting after subsection (l) the following: retary. ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(m) PROCUREMENT TRAINING.— ‘‘(iii) REPORT.—Not later than January 1, retary shall be entitled to receive, shall ac- ‘‘(1) IN GENERAL.—Subject to the avail- 2008, the Secretary shall submit to the Com- cept, and shall use to carry out this para- ability of funds made available under para- mittee on Education and the Workforce of graph the funds transferred under clause (i), graph (4), the Secretary shall provide tech- the House of Representatives and the Com- without further appropriation. nical assistance and training to States, mittee on Agriculture, Nutrition, and For- ‘‘(iii) AVAILABILITY OF FUNDS.—Funds State agencies, schools, and school food au- estry of the Senate a report describing the transferred under clause (i) shall remain thorities in the procurement of goods and results of the evaluation under this subpara- available until expended. services for programs under this Act or the graph. ‘‘(iv) REALLOCATION.—The Secretary may Child Nutrition Act of 1966 (42 U.S.C. 1771 et ‘‘(iv) FUNDING.— reallocate any amounts made available to seq.) (other than section 17 of that Act (42 ‘‘(I) IN GENERAL.—On January 1, 2005, out of carry out this paragraph that are not obli- U.S.C. 1786)). any funds in the Treasury not otherwise ap- gated or expended, as determined by the Sec- ‘‘(2) BUY AMERICAN TRAINING.—Activities propriated, the Secretary of the Treasury retary.’’. carried out under paragraph (1) shall include shall transfer to the Secretary of Agri- (e) REAUTHORIZATION.—Section 13(q) of the technical assistance and training to ensure culture to carry out this subparagraph Richard B. Russell National School Lunch compliance with subsection (n). $400,000, to remain available until expended. Act (42 U.S.C. 1761(q)) is amended by striking

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‘‘June 30, 2004’’ and inserting ‘‘September 30, (i) in the paragraph heading by striking (c) AUDITS.—Section 17(i) of the Richard B. 2009’’. ‘‘PILOT PROJECTS’’ and inserting ‘‘PRO- Russell National School Lunch Act (42 U.S.C. GRAMS’’; and 1766(i)) is amended by striking ‘‘(i) The’’ and (f) SIMPLIFIED SUMMER FOOD PROGRAMS.— (ii) by striking ‘‘pilot project’’ each place inserting the following: (1) DEFINITION OF ELIGIBLE STATE.—Section it appears and inserting ‘‘program’’. ‘‘(i) AUDITS.— 18(f) of the Richard B. Russell National SEC. 117. COMMODITY DISTRIBUTION PROGRAM. ‘‘(1) DISREGARDS.— School Lunch Act (42 U.S.C. 1769(f)) is Section 14(a) of the Richard B. Russell Na- ‘‘(A) IN GENERAL.—Subject to subparagraph amended by striking paragraph (1) and in- tional School Lunch Act (42 U.S.C. 1762a(a)) (B), in conducting management evaluations, serting the following: is amended by striking ‘‘, during the period reviews, or audits under this section, the ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this beginning July 1, 1974, and ending June 30, Secretary or a State agency may disregard subsection, the term ‘eligible State’ means— 2004,’’. any overpayment to an institution for a fis- ‘‘(A) a State participating in the program SEC. 118. NOTICE OF IRRADIATED FOOD PROD- cal year if the total overpayment to the in- under this subsection as of May 1, 2004; and UCTS. stitution for the fiscal year does not exceed ‘‘(B) a State in which (based on data avail- Section 14 of the Richard B. Russell Na- an amount that is consistent with the dis- able in April 2004)— tional School Lunch Act (42 U.S.C. 1762a) is regards allowed in other programs under this ‘‘(i) the percentage obtained by dividing— amended by adding at the end the following: Act and recognizes the cost of collecting ‘‘(I) the sum of— ‘‘(h) NOTICE OF IRRADIATED FOOD PROD- small claims, as determined by the Sec- ‘‘(aa) the average daily number of children UCTS.— retary. attending the summer food service program ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(B) CRIMINAL OR FRAUD VIOLATIONS.—In in the State in July 2003; and velop a policy and establish procedures for carrying out this paragraph, the Secretary ‘‘(bb) the average daily number of children the purchase and distribution of irradiated and a State agency shall not disregard any receiving free or reduced price meals under food products in school meals programs overpayment for which there is evidence of a the school lunch program in the State in under this Act and the Child Nutrition Act of violation of a criminal law or civil fraud law. July 2003; by 1966 (42 U.S.C. 1771 et seq.). ‘‘(2) FUNDING.—The’’. ‘‘(II) the average daily number of children ‘‘(2) MINIMUM REQUIREMENTS.—The policy (d) DURATION OF AGREEMENTS.—Section receiving free or reduced price meals under and procedures shall ensure, at a minimum, 17(j) of the Richard B. Russell National the school lunch program in the State in that— School Lunch Act (42 U.S.C. 1766(j)) is March 2003; is less than ‘‘(A) irradiated food products are made amended— ‘‘(ii) 66.67 percent of the percentage ob- available only at the request of States and (1) by striking ‘‘(j) The’’ and inserting the tained by dividing— school food authorities; following: ‘‘(I) the sum of— ‘‘(B) reimbursements to schools for irradi- ‘‘(j) AGREEMENTS.— ‘‘(aa) the average daily number of children ated food products are equal to reimburse- ‘‘(1) IN GENERAL.—The’’; and attending the summer food service program ments to schools for food products that are (2) by adding at the end the following: in all States in July 2003; and not irradiated; ‘‘(2) DURATION.—An agreement under para- ‘‘(bb) the average daily number of children ‘‘(C) States and school food authorities are graph (1) shall remain in effect until termi- receiving free or reduced price meals under provided factual information on the science nated by either party to the agreement.’’. the school lunch program in all States in and evidence regarding irradiation tech- (e) RURAL AREA ELIGIBILITY DETERMINA- July 2003; by nology, including— TION FOR DAY CARE HOMES.—Section 17 of the ‘‘(II) the average daily number of children ‘‘(i) notice that irradiation is not a sub- Richard B. Russell National School Lunch receiving free or reduced price meals under stitute for safe food handling techniques; and Act (42 U.S.C. 1766) (as amended by sub- the school lunch program in all States in ‘‘(ii) any other similar information deter- section (a)(2)) is amended by inserting after March 2003.’’. mined by the Secretary to be necessary to subsection (o) the following: ‘‘(p) RURAL AREA ELIGIBILITY DETERMINA- (2) DURATION.—Section 18(f)(2) of the Rich- promote food safety in school meals pro- TION FOR DAY CARE HOMES.— ard B. Russell National School Lunch Act (42 grams; ‘‘(1) DEFINITION OF SELECTED TIER I FAMILY U.S.C. 1769(f)(2)) is amended by striking ‘‘(D) States and school food authorities are OR GROUP DAY CARE HOME.—In this sub- ‘‘During the period beginning October 1, 2000, provided model procedures for providing to section, the term ‘selected tier I family or and ending June 30, 2004, the’’ and inserting school food authorities, parents, and stu- group day care home’ means a family or ‘‘The’’. dents— group day home that meets the definition of (3) PRIVATE NONPROFIT ORGANIZATIONS.— ‘‘(i) factual information on the science and tier I family or group day care home under Section 18(f)(3) of the Richard B. Russell Na- evidence regarding irradiation technology; subclause (I) of subsection (f)(3)(A)(ii) except tional School Lunch Act (42 U.S.C. 1769(f)(3)) and that items (aa) and (bb) of that subclause is amended in subparagraphs (A) and (B) by ‘‘(ii) any other similar information deter- shall be applied by substituting ‘40 percent’ striking ‘‘(other than a service institution mined by the Secretary to be necessary to for ‘50 percent’. described in section 13(a)(7))’’ both places it promote food safety in school meals; ‘‘(2) ELIGIBILITY.—For each of fiscal years appears. ‘‘(E) irradiated food products distributed to 2006 and 2007, in rural areas of the State of (4) REPORT.—Section 18(f) of the Richard B. the Federal school meals program under this Nebraska (as determined by the Secretary), Russell National School Lunch Act (42 U.S.C. Act and the Child Nutrition Act of 1966 (42 the Secretary shall provide reimbursement 1769(f)) is amended by striking paragraph (6) U.S.C. 1771 et seq.) are labeled with a symbol to selected tier I family or group day care and inserting the following: or other printed notice that— homes (as defined in paragraph (1)) under ‘‘(6) REPORT.—Not later than April 30, 2007, ‘‘(i) indicates that the product was irradi- subsection (f)(3) in the same manner as tier the Secretary shall submit to the Committee ated; and I family or group day care homes (as defined on Education and the Workforce of the ‘‘(ii) is prominently displayed in a clear in subsection (f)(3)(A)(ii)(I)). House of Representatives and the Committee and understandable format on the container; ‘‘(3) EVALUATION.— on Agriculture, Nutrition, and Forestry of ‘‘(F) irradiated food products are not com- ‘‘(A) IN GENERAL.—The Secretary, acting the Senate a report that includes— mingled in containers with food products through the Administrator of the Food and ‘‘(A) the evaluations completed by the Sec- that are not irradiated; and Nutrition Service, shall evaluate the impact retary under paragraph (5); and ‘‘(G) schools that offer irradiated food of the eligibility criteria described in para- ‘‘(B) any recommendations of the Sec- products are encouraged to offer alternatives graph (2) as compared to the eligibility cri- retary concerning the programs.’’. to irradiated food products as part of the teria described in subsection (f)(3)(A)(ii)(I). (5) CONFORMING AMENDMENTS.—Section 18(f) meal plan used by the schools.’’. ‘‘(B) IMPACT.—The evaluation shall assess of the Richard B. Russell National School SEC. 119. CHILD AND ADULT CARE FOOD PRO- the impact of the change in eligibility re- Lunch Act (42 U.S.C. 1769(f)) is amended— GRAM. quirements on— (A) by striking the subsection heading and (a) DEFINITION OF INSTITUTION.— ‘‘(i) the number of family or group day care inserting the following: (1) IN GENERAL.—Section 17(a)(2)(B)(i) of the Richard B. Russell National School homes offering meals under this section; ‘‘(f) SIMPLIFIED SUMMER FOOD PROGRAMS.— Lunch Act (42 U.S.C. 1766(a)(2)(B)(i)) is ‘‘(ii) the number of family or group day ’’;- amended by striking ‘‘during’’ and all that care homes offering meals under this section (B) in paragraph (2)— follows through ‘‘2004,’’. that are defined as tier I family or group day (i) by striking the paragraph heading and (2) CONFORMING AMENDMENT.—Section 17 of care homes as a result of paragraph (1) that inserting the following: the Richard B. Russell National School otherwise would be defined as tier II family ‘‘(2) PROGRAMS.—’’; and Lunch Act (42 U.S.C. 1766) is amended by or group day care homes under subsection (ii) by striking ‘‘pilot project’’ and insert- striking subsection (p). (f)(3)(A)(iii); ing ‘‘program’’; (b) DURATION OF DETERMINATION AS TIER I ‘‘(iii) the geographic location of the family (C) in subparagraph (A) and (B) of para- FAMILY OR GROUP DAY CARE HOME.—Section or group day care homes; graph (3), by striking ‘‘pilot project’’ both 17(f)(3)(E)(iii) of the Richard B. Russell Na- ‘‘(iv) services provided to eligible children; places it appears and inserting ‘‘program’’; tional School Lunch Act (42 U.S.C. and and 1766(f)(3)(E)(iii)) is amended by striking ‘‘3 ‘‘(v) other factors determined by the Sec- (D) in paragraph (5)— years’’ and inserting ‘‘5 years’’. retary.

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‘‘(C) REPORT.—Not later than March 31, participating in the child and adult care food district superintendent (or equivalent posi- 2008, the Secretary shall submit to the Com- program under section 17 of the Richard B. tions, as determined by the school); and mittee on Education and the Workforce of Russell National School Lunch Act (42 U.S.C. ‘‘(III) such other information as may be re- the House of Representatives and the Com- 1766) to— quested by the Secretary; mittee on Agriculture, Nutrition, and For- (i) identify limited-English-proficient chil- ‘‘(iii) for each application received, deter- estry of the Senate a report describing the dren and families; and mine whether the application is from a results of the evaluation under this sub- (ii) enhance the capacity of the child care school in which not less than 50 percent of section. centers and sponsoring organizations to use students are eligible for free or reduced price ‘‘(D) FUNDING.— appropriate obesity prevention strategies. meals under this Act; and ‘‘(i) IN GENERAL.—On October 1, 2005, out of (4) EVALUATION.—Each grant recipient ‘‘(iv) give priority to schools that submit a any funds in the Treasury not otherwise ap- shall identify an institution of higher edu- plan for implementation of the program that propriated, the Secretary of the Treasury cation to conduct an independent evaluation includes a partnership with 1 or more enti- shall transfer to the Secretary of Agri- of the effectiveness of the grant. ties that provide non-Federal resources (in- culture to carry out this paragraph $400,000, (5) REPORT.—The Secretary shall submit to cluding entities representing the fruit and to remain available until expended. the Committee on Education and the Work- vegetable industry) for— ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- force of the House of Representatives, and ‘‘(I) the acquisition, handling, promotion, retary shall be entitled to receive, shall ac- the Committee on Agriculture, Nutrition, or distribution of fresh and dried fruits and cept, and shall use to carry out this para- and Forestry and the Committee on Health, fresh vegetables; or graph the funds transferred under clause (i), Education, Labor, and Pensions, of the Sen- ‘‘(II) other support that contributes to the without further appropriation.’’. ate a report that includes— purposes of the program. (f) MANAGEMENT SUPPORT.—Section 17(q)(3) (A) the evaluation completed by the insti- ‘‘(B) NONAPPLICABILITY TO EXISTING PAR- of the Richard B. Russell National School tution of higher education under paragraph TICIPANTS.—Subparagraph (A) shall not apply Lunch Act (42 U.S.C. 1766(q)(3)) is amended (4); to a school, State, or Indian reservation au- by striking ‘‘1999 through 2003’’ and inserting (B) the effectiveness of lay health edu- thorized— ‘‘2005 and 2006’’. cators in reducing childhood obesity; and ‘‘(i) to participate in the program on May (g) AGE LIMITS.—Section 17(t)(5)(A)(i) of 1, 2004; or the Richard B. Russell National School (C) any recommendations of the Secretary concerning the grants. ‘‘(ii) to receive funding for free fruits and Lunch Act (42 U.S.C. 1766(t)(5)(A)(i) is vegetables under funds provided for public amended— (6) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to health improvement under the heading ‘DIS- (1) in subclause (I)— EASE CONTROL, RESEARCH, AND TRAINING’ (A) by striking ‘‘12’’ and inserting ‘‘18’’; carry out this subsection $250,000 for each of fiscal years 2005 through 2009. under the heading ‘CENTERS FOR DISEASE and CONTROL AND PREVENTION’ in title II of the (B) by inserting ‘‘or’’ after the semicolon; SEC. 120. FRESH FRUIT AND VEGETABLE PRO- Departments of Labor, Health and Human GRAM. (2) by striking subclause (II); and Services, and Education, and Related Agen- (3) by redesignating subclause (III) as sub- Section 18 of the Richard B. Russell Na- cies Appropriations Act, 2004 (Division E of clause (II). tional School Lunch Act (42 U.S.C. 1769) is Public Law 108–199; 118 Stat. 238). (h) TECHNICAL AMENDMENTS.—Section 17 of amended by striking subsection (g) and in- ‘‘(4) NOTICE OF AVAILABILITY.—To be eligi- the Richard B. Russell National School serting the following: ble to participate in the program under this Lunch Act (42 U.S.C. 1766) is amended— ‘‘(g) FRESH FRUIT AND VEGETABLE PRO- subsection, a school shall widely publicize (1) in subsection (a)(6)(B), by inserting GRAM.— within the school the availability of free ‘‘and adult’’ after ‘‘child’’; and ‘‘(1) IN GENERAL.—For the school year be- fresh fruits and vegetables under the pro- (2) in subsection (t)(3), by striking ‘‘sub- ginning July 2004 and each subsequent school gram. section (a)(1)’’ and inserting ‘‘subsection year, the Secretary shall carry out a pro- ‘‘(5) REPORTS.— (a)(5)’’. gram to make free fresh fruits and vegeta- ‘‘(A) INTERIM REPORTS.—Not later than (i) PAPERWORK REDUCTION.—The Secretary bles available, to the maximum extent prac- September 30 of each of fiscal years 2005 of Agriculture, in conjunction with States ticable, to— through 2008, the Secretary, acting through and participating institutions, shall examine ‘‘(A) 25 elementary or secondary schools in the Administrator of the Food and Nutrition the feasibility of reducing paperwork result- each of the 4 States authorized to participate Service, shall submit to the Committee on ing from regulations and recordkeeping rein the program under this subsection on May Education and the Workforce of the House of quirements for State agencies, family child 1, 2004; Representatives and the Committee on Agri- care homes, child care centers, and spon- ‘‘(B) 25 elementary or secondary schools soring organizations participating in the culture, Nutrition, and Forestry of the Sen- (as selected by the Secretary in accordance child and adult care food program estab- ate an interim report that describes the ac- with paragraph (3)) in each of 4 States (in- lished under section 17 of the Richard B. tivities carried out under this subsection cluding a State for which funds were allo- Russell National School Lunch Act (42 U.S.C. during the fiscal year covered by the report. cated under the program described in para- 1766). ‘‘(B) FINAL REPORT.—Not later than De- (j) EARLY CHILD NUTRITION EDUCATION.— graph (3)(B)(ii)) that are not participating in cember 31, 2008, the Secretary, acting (1) IN GENERAL.—Subject to the avail- the program under this subsection on May 1, through the Administrator of the Food and ability of funds made available under para- 2004; and Nutrition Service, shall submit to the Com- graph (6), for a period of 4 successive years, ‘‘(C) 25 elementary or secondary schools mittee on Education and the Workforce of the Secretary of Agriculture shall award to 1 operated on 3 Indian reservations (including the House of Representatives and the Com- or more entities with expertise in designing the reservation authorized to participate in mittee on Agriculture, Nutrition, and For- and implementing health education pro- the program under this subsection on May 1, estry of the Senate a final report that de- grams for limited-English-proficient individ- 2004), as selected by the Secretary. scribes the results of the program under this uals 1 or more grants to enhance obesity pre- ‘‘(2) PROGRAM.—A school participating in subsection. vention activities for child care centers and the program shall make free fresh fruits and ‘‘(6) FUNDING.— sponsoring organizations providing services vegetables available to students throughout ‘‘(A) EXISTING FUNDS.—The Secretary shall to limited-English-proficient individuals the school day in 1 or more areas designated use to carry out this subsection any funds through the child and adult care food pro- by the school. that remain under this subsection on the day gram under section 17 of the Richard B. Rus- ‘‘(3) SELECTION OF SCHOOLS.— before the date of enactment of this subpara- sell National School Lunch Act (42 U.S.C. ‘‘(A) IN GENERAL.—Except as provided in graph. 1766) in each of 4 States selected by the Sec- subparagraph (B), in selecting additional ‘‘(B) MANDATORY FUNDS.— retary in accordance with paragraph (2). schools to participate in the program under ‘‘(i) IN GENERAL.—On October 1, 2004, and (2) STATES.—The Secretary shall provide paragraph (1)(B), the Secretary shall— on each October 1 thereafter, out of any grants under this subsection in States that ‘‘(i) to the maximum extent practicable, funds in the Treasury not otherwise appro- have experienced a growth in the limited- ensure that the majority of schools selected priated, the Secretary of the Treasury shall English-proficient population of the States are those in which not less than 50 percent of transfer to the Secretary of Agriculture to of at least 100 percent between the years 1990 students are eligible for free or reduced price carry out this subsection $9,000,000, to re- and 2000, as measured by the census. meals under this Act; main available until expended. (3) REQUIRED ACTIVITIES.—Activities car- ‘‘(ii) solicit applications from interested ‘‘(ii) RECEIPT AND ACCEPTANCE.—The Sec- ried out under paragraph (1) shall include— schools that include— retary shall be entitled to receive, shall ac- (A) developing an interactive and com- ‘‘(I) information pertaining to the percent- cept, and shall use to carry out this sub- prehensive tool kit for use by lay health edu- age of students enrolled in the school subsection the funds made available under this cators and training activities; mitting the application who are eligible for subparagraph, without further appropria- (B) conducting training and providing on- free or reduced price school lunches under tion. going technical assistance for lay health this Act; ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— educators; and ‘‘(II) a certification of support for partici- In addition to any amounts made available (C) establishing collaborations with child pation in the program signed by the school under subparagraphs (A) and (B), there are care centers and sponsoring organizations food manager, the school principal, and the authorized to be appropriated such sums as

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7257 are necessary to expand the program carried ‘‘(ii) support school garden programs; retary shall expand the service of free out under this subsection. ‘‘(C) support nutrition education activities lunches and breakfasts provided at schools ‘‘(D) REALLOCATION.—The Secretary may or curriculum planning that incorporates the participating in the school lunch program reallocate any amounts made available to participation of school children in farm- under this Act or the school breakfast pro- carry out this subsection that are not obli- based agricultural education activities, that gram under section 4 of the Child Nutrition gated or expended, as determined by the Sec- may include school gardens; Act of 1966 (42 U.S.C. 1773) in all or part of 5 retary.’’. ‘‘(D) develop a sustained commitment to States selected by the Secretary (of which at SEC. 121. SUMMER FOOD SERVICE RESIDENTIAL farm-to-cafeteria projects in the community least 1 shall be a largely rural State with a CAMP ELIGIBILITY. by linking schools, State departments of ag- significant Native American population). Section 18 of the Richard B. Russell Na- riculture, agricultural producers, parents, ‘‘(2) INCOME ELIGIBILITY.—The income tional School Lunch Act (42 U.S.C. 1769) is and other community stakeholders; guidelines for determining eligibility for free amended by adding at the end the following: ‘‘(E) require $100,000 or less in Federal con- lunches or breakfasts under this subsection ‘‘(h) SUMMER FOOD SERVICE RESIDENTIAL tributions; shall be 185 percent of the applicable family CAMP ELIGIBILITY.— ‘‘(F) require a Federal share of costs not to size income levels contained in the nonfarm ‘‘(1) IN GENERAL.—During the month after exceed 75 percent; income poverty guidelines prescribed by the the date of enactment of this subsection ‘‘(G) provide matching support in the form Office of Management and Budget, as ad- through September, 2004, and the months of of cash or in-kind contributions (including justed annually in accordance with section May through September, 2005, the Secretary facilities, equipment, or services provided by 9(b)(1)(B). shall modify eligibility criteria, at not more State and local governments and private ‘‘(3) EVALUATION.— than 1 private nonprofit residential camp in sources); and ‘‘(A) IN GENERAL.—Not later than 3 years each of not more than 2 States, as deter- ‘‘(H) cooperate in an evaluation carried out after the implementation of this subsection, mined by the Secretary, for the purpose of by the Secretary. the Secretary shall conduct an evaluation to identifying and evaluating alternative meth- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— assess the impact of the changed income eli- ods of determining the eligibility of residen- There are authorized to be appropriated such gibility guidelines by comparing the school tial private nonprofit camps to participate sums as are necessary to carry out this sub- food authorities operating under this sub- in the summer food service program for chil- section for each of fiscal years 2004 through section to school food authorities not oper- dren established under section 13. 2009.’’. ating under this subsection. ‘‘(2) ELIGIBILITY.—To be eligible for the cri- SEC. 123. YEAR-ROUND SERVICES FOR ELIGIBLE ‘‘(B) IMPACT ASSESSMENT.— teria modified under paragraph (1), a residen- ENTITIES. ‘‘(i) CHILDREN.—The evaluation shall assess tial camp— Section 18 of the Richard B. Russell Na- the impact of this subsection separately on— ‘‘(A) shall be a service institution (as de- tional School Lunch Act (42 U.S.C. 1769) (as ‘‘(I) children in households with incomes fined in section 13(a)(1)); amended by section 122) is amended by add- less than 130 percent of the applicable family ‘‘(B) may not charge a fee to any child in ing at the end the following: income levels contained in the nonfarm pov- residence at the camp; and ‘‘(j) YEAR-ROUND SERVICES FOR ELIGIBLE erty income guidelines prescribed by the Of- ‘‘(C) shall serve children who reside in an ENTITIES.— fice of Management and Budget, as adjusted area in which poor economic conditions exist ‘‘(1) IN GENERAL.—A service institution annually in accordance with section (as defined in section 13(a)(1)). that is described in section 13(a)(6) (exclud- 9(b)(1)(B); and ‘‘(3) PAYMENTS.— ing a public school), or a private nonprofit ‘‘(II) children in households with incomes ‘‘(A) IN GENERAL.—Under this subsection, organization described in section 13(a)(7), greater than 130 percent and not greater the Secretary shall provide reimbursement and that is located in the State of California than 185 percent of the applicable family infor meals served to all children at a residen- may be reimbursed— come levels contained in the nonfarm pov- tial camp at the payment rates specified in ‘‘(A) for up to 2 meals during each day of erty income guidelines prescribed by the Of- section 13(b)(1). operation served— fice of Management and Budget, as adjusted ‘‘(B) REIMBURSABLE MEALS.—A residential ‘‘(i) during the months of May through annually in accordance with section camp selected by the Secretary may receive September; 9(b)(1)(B). reimbursement for not more than 3 meals, or ‘‘(ii) in the case of a service institution ‘‘(ii) FACTORS.—The evaluation shall assess 2 meals and 1 supplement, during each day of that operates a food service program for chil- the impact of this subsection on— operation. dren on school vacation, at anytime under a ‘‘(I) certification and participation rates in ‘‘(4) EVALUATION.— continuous school calendar; and the school lunch and breakfast programs; ‘‘(A) INFORMATION FROM RESIDENTIAL ‘‘(iii) in the case of a service institution ‘‘(II) rates of lunch- and breakfast-skip- CAMPS.—Not later than December 31, 2005, a that provides meal service at a nonschool ping; residential camp selected under paragraph site to children who are not in school for a ‘‘(III) academic achievement; (1) shall report to the Secretary such infor- period during the school year due to a nat- ‘‘(IV) the allocation of funds authorized in mation as is required by the Secretary con- ural disaster, building repair, court order, or title I of the Elementary and Secondary Edu- cerning the requirements of this subsection. similar case, at anytime during such a pe- cation Act (20 U.S.C. 6301) to local edu- ‘‘(B) REPORT TO CONGRESS.—Not later than riod; and cational agencies and public schools; and March 31, 2006, the Secretary shall submit to ‘‘(B) for a snack served during each day of ‘‘(V) other factors determined by the Sec- the Committee on Education and the Work- operation after school hours, weekends, and retary. force of the House of Representatives and the school holidays during the regular school ‘‘(C) COST ASSESSMENT.—The evaluation Committee on Agriculture, Nutrition, and calendar. shall assess the increased costs associated Forestry of the Senate a report that evalu- ‘‘(2) PAYMENTS.—The service institution with providing additional free, reduced price, ates the effect of this subsection on program shall be reimbursed consistent with section or paid meals in the school food authorities participation and other factors, as deter- 13(b)(1). operating under this subsection. mined by the Secretary.’’. ‘‘(3) ADMINISTRATION.—To receive reim- ‘‘(D) REPORT.—On completion of the eval- bursement under this subsection, a service SEC. 122. ACCESS TO LOCAL FOODS AND SCHOOL uation, the Secretary shall submit to the GARDENS. institution shall comply with section 13, Committee on Education and the Workforce Section 18 of the Richard B. Russell Na- other than subsections (b)(2) and (c)(1) of of the House of Representatives and the tional School Lunch Act (42 U.S.C. 1769) (as that section. Committee on Agriculture, Nutrition, and amended by section 121) is amended by add- ‘‘(4) EVALUATION.—Not later than Sep- Forestry of the Senate a report describing ing at the end the following: tember 30, 2007, the State agency shall sub- the results of the evaluation under this para- ‘‘(i) ACCESS TO LOCAL FOODS AND SCHOOL mit to the Secretary a report on the effect of graph. GARDENS.— this subsection on participation in the sum- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The Secretary may pro- mer food service program for children estab- There are authorized to be appropriated such vide assistance, through competitive match- lished under section 13. sums as are necessary to carry out this sub- ing grants and technical assistance, to ‘‘(5) FUNDING.—The Secretary shall provide section, to remain available until ex- schools and nonprofit entities for projects to the State of California such sums as are pended.’’. that— necessary to carry out this subsection for ‘‘(A) improve access to local foods in each of fiscal years 2005 through 2009.’’. SEC. 125. TRAINING, TECHNICAL ASSISTANCE, AND FOOD SERVICE MANAGEMENT schools and institutions participating in pro- SEC. 124. FREE LUNCH AND BREAKFAST ELIGI- INSTITUTE. grams under this Act and section 4 of the BILITY. Child Nutrition Act of 1966 (42 U.S.C. 1773) Section 18 of the Richard B. Russell Na- (a) IN GENERAL.—Section 21(a)(1) of the through farm-to-cafeteria activities, includ- tional School Lunch Act (42 U.S.C. 1769) (as Richard B. Russell National School Lunch ing school gardens, that may include the ac- amended by section 123) is amended by add- Act (42 U.S.C. 1769b–1(a)(1)) is amended by quisition of food and appropriate equipment ing at the end the following: striking ‘‘activities and’’ and all that follows and the provision of training and education; ‘‘(k) FREE LUNCH AND BREAKFAST ELIGI- and inserting ‘‘activities and provide— ‘‘(B) are, at a minimum, designed to— BILITY.— ‘‘(A) training and technical assistance to ‘‘(i) procure local foods from small- and ‘‘(1) IN GENERAL.—Subject to the avail- improve the skills of individuals employed medium-sized farms for school meals; and ability of funds under paragraph (4), the Sec- in—

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.042 S23PT1 S7258 CONGRESSIONAL RECORD — SENATE June 23, 2004

‘‘(i) food service programs carried out with ‘‘(f) ADMINISTRATIVE TRAINING AND TECH- ‘‘(A) IN GENERAL.—Subject to subpara- assistance under this Act and, to the max- NICAL ASSISTANCE MATERIAL.—In collabora- graphs (B) and (C), if the local educational imum extent practicable, using individuals tion with State educational agencies, local agency fails to meet administrative perform- who administer exemplary local food service educational agencies, and school food au- ance criteria established by the Secretary in programs in the State; thorities of varying sizes, the Secretary shall both an initial review and a followup review ‘‘(ii) school breakfast programs carried out develop and distribute training and technical under paragraph (1) or (3) or subsection (a), with assistance under section 4 of the Child assistance material relating to the adminis- the Secretary may require the State edu- Nutrition Act of 1966 (42 U.S.C. 1773); and tration of school meals programs that are cational agency to retain funds that would ‘‘(iii) as appropriate, other federally as- representative of the best management and otherwise be paid to the local educational sisted feeding programs; and administrative practices. agency for school meals programs under pro- ‘‘(B) assistance, on a competitive basis, to ‘‘(g) FEDERAL ADMINISTRATIVE SUPPORT.— cedures prescribed by the Secretary. State agencies for the purpose of aiding ‘‘(1) FUNDING.— ‘‘(B) AMOUNT.—The amount of funds re- schools and school food authorities with at ‘‘(A) IN GENERAL.—Out of any funds in the tained under subparagraph (A) shall equal least 50 percent of enrolled children certified Treasury not otherwise appropriated, the the value of any overpayment made to the to receive free or reduced price meals (and, if Secretary of the Treasury shall transfer to local educational agency or school food au- there are any remaining funds, other schools the Secretary of Agriculture to carry out thority as a result of an erroneous claim dur- and school food authorities) in meeting the this subsection— ing the time period described in subpara- cost of acquiring or upgrading technology ‘‘(i) on October 1, 2004, and October 1, 2005, graph (C). and information management systems for $3,000,000; and ‘‘(C) TIME PERIOD.—The period for deter- use in food service programs carried out ‘‘(ii) on October 1, 2006, October 1, 2007, and mining the value of any overpayment under under this Act and section 4 of the Child Nu- October 1, 2008, $2,000,000. subparagraph (B) shall be the period— trition Act of 1966 (42 U.S.C. 1773), if the ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(i) beginning on the date the erroneous school or school food authority submits to retary shall be entitled to receive, shall ac- claim was made; and the State agency an infrastructure develop- cept, and shall use to carry out this sub- ‘‘(ii) ending on the earlier of the date the ment plan that— section the funds transferred under subpara- erroneous claim is corrected or— ‘‘(i) addresses the cost savings and im- graph (A), without further appropriation. provements in program integrity and oper- ‘‘(I) in the case of the first followup review ‘‘(C) AVAILABILITY OF FUNDS.—Funds trans- ations that would result from the use of new conducted by the State educational agency ferred under subparagraph (A) shall remain or upgraded technology; of the local educational agency under this available until expended. ‘‘(ii) ensures that there is not any overt section after July 1, 2005, the date that is 60 ‘‘(2) USE OF FUNDS.—The Secretary may use identification of any child by special tokens days after the beginning of the period under funds provided under this subsection— or tickets, announced or published list of clause (i); or ‘‘(A) to provide training and technical as- names, or by any other means; ‘‘(II) in the case of any subsequent fol- sistance and material related to improving ‘‘(iii) provides for processing and verifying lowup review conducted by the State edu- program integrity and administrative accu- applications for free and reduced price school cational agency of the local educational racy in school meals programs; and meals; agency under this section, the date that is 90 ‘‘(B) to assist State educational agencies in ‘‘(iv) integrates menu planning, produc- days after the beginning of the period under reviewing the administrative practices of tion, and serving data to monitor compliance clause (i). local educational agencies, to the extent de- with section 9(f)(1); and ‘‘(5) USE OF RETAINED FUNDS.— termined by the Secretary.’’. ‘‘(v) establishes compatibility with state- ‘‘(A) IN GENERAL.—Subject to subparagraph wide reporting systems; (b) SELECTED ADMINISTRATIVE REVIEWS.— (B), funds retained under paragraph (4) ‘‘(C) assistance, on a competitive basis, to (1) IN GENERAL.—Section 22(b) of the Rich- shall— State agencies with low proportions of ard B. Russell National School Lunch Act (42 ‘‘(i) be returned to the Secretary, and may schools or students that— U.S.C. 1769c(b)) is amended by adding at the be used— ‘‘(i) participate in the school breakfast pro- end the following: ‘‘(I) to provide training and technical as- gram under section 4 of the Child Nutrition ‘‘(3) ADDITIONAL REVIEW REQUIREMENT FOR sistance related to administrative practices Act of 1966 (42 U.S.C. 1773); and SELECTED LOCAL EDUCATIONAL AGENCIES.— designed to improve program integrity and ‘‘(ii) demonstrate the greatest need, for the ‘‘(A) DEFINITION OF SELECTED LOCAL EDU- administrative accuracy in school meals pro- purpose of aiding schools in meeting costs CATIONAL AGENCIES.—In this paragraph, the grams to State educational agencies and, to associated with initiating or expanding a term ‘selected local educational agency’ the extent determined by the Secretary, to school breakfast program under section 4 of means a local educational agency that has a local educational agencies and school food the Child Nutrition Act of 1966 (42 U.S.C. demonstrated high level of, or a high risk authorities; 1773), including outreach and informational for, administrative error, as determined by ‘‘(II) to assist State educational agencies activities; and’’. the Secretary. in reviewing the administrative practices of (b) DUTIES OF FOOD SERVICE MANAGEMENT ‘‘(B) ADDITIONAL ADMINISTRATIVE REVIEW.— local educational agencies in carrying out INSTITUTE.—Section 21(c)(2)(B) of the Rich- In addition to any review required by sub- school meals programs; and ard B. Russell National School Lunch Act (42 section (a) or paragraph (1), each State edu- ‘‘(III) to carry out section 21(f); or U.S.C. 1769b–1(c)(2)(B)) is amended— cational agency shall conduct an administra- ‘‘(ii) be credited to the child nutrition pro- (1) by striking clauses (vi) and (vii) and in- tive review of each selected local educational grams appropriation account. serting the following: agency during the review cycle established ‘‘(B) STATE SHARE.—A State educational ‘‘(vi) safety, including food handling, haz- under subsection (a). agency may retain not more than 25 percent ard analysis and critical control point plan ‘‘(C) SCOPE OF REVIEW.—In carrying out a of an amount recovered under paragraph (4), implementation, emergency readiness, re- review under subparagraph (B), a State edu- to carry out school meals program integrity sponding to a food recall, and food biosecu- cational agency shall only review the admin- initiatives to assist local educational agen- rity training;’’; and istrative processes of a selected local edu- cies and school food authorities that have re- (2) by redesignating clauses (viii) through cational agency, including application, cer- peatedly failed, as determined by the Sec- (x) as clauses (vii) through (ix), respectively. tification, verification, meal counting, and retary, to meet administrative performance (c) AUTHORIZATION OF APPROPRIATIONS.— meal claiming procedures. criteria. (1) TRAINING ACTIVITIES AND TECHNICAL AS- ‘‘(D) RESULTS OF REVIEW.—If the State edu- ‘‘(C) REQUIREMENT.—To be eligible to re- SISTANCE.—Section 21(e)(1) of the Richard B. cational agency determines (on the basis of a tain funds under subparagraph (B), a State Russell National School Lunch Act (42 U.S.C. review conducted under subparagraph (B)) educational agency shall— 1769b–1(e)(1)) is amended by striking ‘‘2003’’ that a selected local educational agency fails ‘‘(i) submit to the Secretary a plan describ- and inserting ‘‘2009’’. to meet performance criteria established by ing how the State educational agency will (2) FOOD SERVICE MANAGEMENT INSTITUTE.— the Secretary, the State educational agency use the funds to improve school meals pro- Section 21(e)(2)(A) of the Richard B. Russell shall— gram integrity, including measures to give National School Lunch Act (42 U.S.C. 1769b– ‘‘(i) require the selected local educational priority to local educational agencies from 1(e)(2)(A) is amended in the first sentence— agency to develop and carry out an approved which funds were retained under paragraph (A) by striking ‘‘provide to the Secretary’’ plan of corrective action; (4); and all that follows through ‘‘1998, and’’ and ‘‘(ii) except to the extent technical assist- ‘‘(ii) consider using individuals who admin- inserting ‘‘provide to the Secretary’’; and ance is provided directly by the Secretary, ister exemplary local food service programs (B) by striking ‘‘1999 and’’ and inserting provide technical assistance to assist the sein the provision of training and technical as- ‘‘2004 and $4,000,000 for fiscal year 2005’’. lected local educational agency in carrying sistance; and SEC. 126. ADMINISTRATIVE ERROR REDUCTION. out the corrective action plan; and ‘‘(iii) obtain the approval of the Secretary (a) FEDERAL SUPPORT FOR TRAINING AND ‘‘(iii) conduct a followup review of the se- for the plan.’’. TECHNICAL ASSISTANCE.—Section 21 of the lected local educational agency under stand- (2) INTERPRETATION.—Nothing in the Richard B. Russell National School Lunch ards established by the Secretary. amendment made by paragraph (1) affects Act (42 U.S.C. 1769b–1) is amended by adding ‘‘(4) RETAINING FUNDS AFTER ADMINISTRA- the requirements for fiscal actions as de- at the end the following: TIVE REVIEWS.— scribed in the regulations issued pursuant to

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.043 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7259 section 22(a) of the Richard B. Russell Na- section the funds transferred under subpara- ‘‘(A) other income reporting systems; tional School Lunch Act (42 U.S.C. 1769c(a)). graph (A), without further appropriation. ‘‘(B) an integrated benefit eligibility deter- (c) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(2) USE OF FUNDS.— mination process managed by a single agen- Section 7 of the Child Nutrition Act of 1966 ‘‘(A) IN GENERAL.—Except as provided in cy; (42 U.S.C. 1776) is amended— subparagraph (B), the Secretary shall use ‘‘(C) income or program participation data (1) in subsection (e)— funds provided under this subsection to as- gathered by State or local agencies; and (A) by striking ‘‘(e) Each’’ and inserting sist States in carrying out subsection (g) and ‘‘(D) other options determined by the Sec- the following: administrative reviews of selected local edu- retary. ‘‘(e) PLANS FOR USE OF ADMINISTRATIVE EX- cational agencies carried out under section ‘‘(4) WAIVERS.— PENSE FUNDS.— 22 of the Richard B. Russell National School ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(1) IN GENERAL.—Each’’; and Lunch Act (42 U.S.C. 1769c). (B), the Secretary may waive such provisions (B) by striking ‘‘After submitting’’ and all ‘‘(B) EXCEPTION.—The Secretary may re- of this Act and the Child Nutrition Act of that follows through ‘‘change in the plan.’’ tain a portion of the amount provided to 1966 (42 U.S.C. 1771 et seq.) as are necessary and inserting the following: cover costs of activities carried out by the to carry out this subsection. ‘‘(2) UPDATES AND INFORMATION MANAGE- Secretary in lieu of the State. ‘‘(B) PROVISIONS.—The protections of sec- MENT SYSTEMS.— ‘‘(3) ALLOCATION.—The Secretary shall al- tion 9(b)(6) shall apply to any study or pilot ‘‘(A) IN GENERAL.—After submitting the locate funds provided under this subsection project carried out under this subsection. initial plan, a State shall be required to sub- to States based on the number of local edu- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— mit to the Secretary for approval only a sub- cational agencies that have demonstrated a There is authorized to be appropriated to stantive change in the plan. high level of, or a high risk for, administra- carry out this subsection such sums as are tive error, as determined by the Secretary, ‘‘(B) PLAN CONTENTS.—Each State plan necessary.’’. taking into account the requirements estab- shall, at a minimum, include a description of TITLE II—AMENDMENTS TO CHILD lished by the Child Nutrition and WIC Reau- how technology and information manage- NUTRITION ACT OF 1966 thorization Act of 2004 and the amendments ment systems will be used to improve pro- SEC. 201. SEVERE NEED ASSISTANCE. gram integrity by— made by that Act. EALLOCATION.—The Secretary may Section 4 of the Child Nutrition Act of 1966 ‘‘(i) monitoring the nutrient content of ‘‘(4) R reallocate, to carry out this section, any (42 U.S.C. 1773) is amended by striking sub- meals served; amounts made available to carry out this section (d) and inserting the following: ‘‘(ii) training local educational agencies, ‘‘(d) SEVERE NEED ASSISTANCE.— subsection that are not obligated or ex- school food authorities, and schools in how ‘‘(1) IN GENERAL.—Each State educational pended, as determined by the Secretary.’’. to use technology and information manage- agency shall provide additional assistance to ment systems (including verifying eligibility SEC. 127. COMPLIANCE AND ACCOUNTABILITY. schools in severe need, which shall include Section 22(d) of the Richard B. Russell Na- for free or reduced price meals using pro- only those schools (having a breakfast pro- tional School Lunch Act (42 U.S.C. 1769c(d)) gram participation or income data gathered gram or desiring to initiate a breakfast pro- is amended by striking ‘‘$3,000,000 for each of by State or local agencies); and the fiscal years 1994 through 2003’’ and in- gram) in which— ‘‘(iii) using electronic data to establish serting ‘‘$6,000,000 for each of fiscal years 2004 ‘‘(A) during the most recent second pre- benchmarks to compare and monitor pro- through 2009’’. ceding school year for which lunches were gram integrity, program participation, and served, 40 percent or more of the lunches SEC. 128. INFORMATION CLEARINGHOUSE. financial data. Section 26(d) of the Richard B. Russell Na- served to students at the school were served ‘‘(3) TRAINING AND TECHNICAL ASSISTANCE.— tional School Lunch Act (42 U.S.C. 1769g(d)) free or at a reduced price; or Each State shall submit to the Secretary for is amended in the first sentence— ‘‘(B) in the case of a school in which approval a plan describing the manner in (1) by striking ‘‘1998, and’’ and inserting lunches were not served during the most re- which the State intends to implement sub- ‘‘1998,’’; and cent second preceding school year, the Sec- section (g) and section 22(b)(3) of the Richard (2) by striking ‘‘through 2003’’ and insert- retary otherwise determines that the re- B. Russell National School Lunch Act.’’; ing ‘‘through 2004, and $250,000 for each of fis- quirements of subparagraph (A) would have (2) by redesignating subsection (g) as sub- cal years 2005 through 2009’’. been met. section (j); and DDITIONAL ASSISTANCE SEC. 129. PROGRAM EVALUATION. ‘‘(2) A .—A school, on (3) by inserting after subsection (f) the fol- The Richard B. Russell National School the submission of appropriate documenta- lowing: Lunch Act (42 U.S.C. 1751 et seq.) is amended tion about the need circumstances in that ‘‘(g) STATE TRAINING.— by adding at the end the following: school and the eligibility of the school for ‘‘(1) IN GENERAL.—At least annually, each ‘‘SEC. 28. PROGRAM EVALUATION. additional assistance, shall be entitled to receive the meal reimbursement rate specified State shall provide training in administra- ‘‘(a) PERFORMANCE ASSESSMENTS.— tive practices (including training in applica- ‘‘(1) IN GENERAL.—Subject to the avail- in subsection (b)(2).’’. tion, certification, verification, meal countability of funds made available under para- SEC. 202. STATE ADMINISTRATIVE EXPENSES. ing, and meal claiming procedures) to local graph (3), the Secretary, acting through the (a) MINIMUM STATE ADMINISTRATIVE EX- educational agency and school food author- Administrator of the Food and Nutrition PENSE GRANTS.—Section 7 of the Child Nutri- ity administrative personnel and other ap- Service, may conduct annual national per- tion Act of 1966 (42 U.S.C. 1776) is amended— propriate personnel, with emphasis on the formance assessments of the meal programs (1) by striking the section heading and all requirements established by the Child Nutri- under this Act and the Child Nutrition Act of that follows through ‘‘(a)(1) Each’’ and in- tion and WIC Reauthorization Act of 2004 and 1966 (42 U.S.C. 1771 et seq.). serting the following: the amendments made by that Act. ‘‘(2) COMPONENTS.—In conducting an as- ‘‘SEC. 7. STATE ADMINISTRATIVE EXPENSES. ‘‘(2) FEDERAL ROLE.—The Secretary shall— sessment, the Secretary may assess— ‘‘(a) AMOUNT AND ALLOCATION OF FUNDS.— ‘‘(A) provide training and technical assist- ‘‘(A) the cost of producing meals and meal ‘‘(1) AMOUNT AVAILABLE.— ance to a State; or supplements under the programs described in ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) at the option of the Secretary, di- paragraph (1); and subparagraph (B), each’’; rectly provide training and technical assist- ‘‘(B) the nutrient profile of meals, and sta- (2) in subsection (a)— ance described in paragraph (1). tus of menu planning practices, under the (A) in paragraph (1)— ‘‘(3) REQUIRED PARTICIPATION.—In accord- programs. (i) by inserting after the first sentence the ance with procedures established by the Sec- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— following: retary, each local educational agency or There is authorized to be appropriated to ‘‘(B) MINIMUM AMOUNT.—In the case of each school food authority shall ensure that an carry out this subsection $5,000,000 for fiscal of fiscal years 2005 through 2007, the Sec- individual conducting or overseeing adminis- year 2004 and each subsequent fiscal year. retary shall make available to each State for trative procedures described in paragraph (1) ‘‘(b) CERTIFICATION IMPROVEMENTS.— administrative costs not less than the initial receives training at least annually, unless ‘‘(1) IN GENERAL.—Subject to the avail- allocation made to the State under this sub- determined otherwise by the Secretary. ability of funds made available under para- section for fiscal year 2004.’’; ‘‘(h) FUNDING FOR TRAINING AND ADMINIS- graph (5), the Secretary, acting through the (ii) by striking ‘‘The Secretary’’ and in- TRATIVE REVIEWS.— Administrator of the Food and Nutrition serting the following: ‘‘(1) FUNDING.— Service, shall conduct a study of the feasi- ‘‘(C) ALLOCATION.—The Secretary’’; and ‘‘(A) IN GENERAL.—On October 1, 2004, and bility of improving the certification process (iii) by striking the last sentence; and on each October 1 thereafter, out of any used for the school lunch program estab- (B) in paragraph (2)— funds in the Treasury not otherwise appro- lished under this Act. (i) by striking ‘‘(2) The’’ and inserting the priated, the Secretary of the Treasury shall ‘‘(2) PILOT PROJECTS.—In carrying out this following: transfer to the Secretary of Agriculture to subsection, the Secretary may conduct pilot ‘‘(2) EXPENSE GRANTS.— carry out this subsection $4,000,000, to re- projects to improve the certification process ‘‘(A) IN GENERAL.—Subject to subparagraph main available until expended. used for the school lunch program. (B), the’’; ‘‘(B) RECEIPT AND ACCEPTANCE.—The Sec- ‘‘(3) COMPONENTS.—In carrying out this (ii) in the second sentence— retary shall be entitled to receive, shall ac- subsection, the Secretary shall examine the (I) by striking ‘‘In no case’’ and inserting cept, and shall use to carry out this sub- use of— the following:

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‘‘(B) MINIMUM AMOUNT.— ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (1) PROCESSING VENDOR APPLICATIONS; PAR- ‘‘(i) IN GENERAL.—In no case’’; There are authorized to be appropriated to TICIPANT ACCESS.—Section 17(f)(1)(C) of the (II) by striking ‘‘this subsection’’ and in- carry out this subsection such sums as are Child Nutrition Act of 1966 (42 U.S.C. serting ‘‘this paragraph’’; and necessary for each of fiscal years 2005 1786(f)(1)(C)) is amended— (III) by striking ‘‘$100,000’’ and inserting through 2009, to remain available until ex- (A) in clause (i) by inserting ‘‘at any of the ‘‘$200,000 (as adjusted under clause (ii)’’; and pended.’’. authorized retail stores under the program’’ (iii) by adding at the end the following: (c) REAUTHORIZATION.—Subsection (j) of after ‘‘the program’’; ‘‘(ii) ADJUSTMENT.—On October 1, 2008, and section 7 of the Child Nutrition Act of 1966 (B) by redesignating clauses (ii) through each October 1 thereafter, the minimum dol- (42 U.S.C. 1776) (as redesignated by section (x) as clauses (iii) through (xi), respectively; lar amount for a fiscal year specified in 126(c)(2)) is amended by striking ‘‘2003’’ and and clause (i) shall be adjusted to reflect the per- inserting ‘‘2009’’. (C) by inserting after clause (i) the fol- centage change between— SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION lowing: PROGRAM FOR WOMEN, INFANTS, ‘‘(I) the value of the index for State and ‘‘(ii) procedures for accepting and proc- local government purchases, as published by AND CHILDREN. (a) DEFINITIONS.— essing vendor applications outside of the es- the Bureau of Economic Analysis of the De- (1) NUTRITION EDUCATION.—Section 17(b) of tablished timeframes if the State agency department of Commerce, for the 12-month pe- the Child Nutrition Act of 1966 (42 U.S.C. termines there will be inadequate access to riod ending June 30 of the second preceding 1786(b)) is amended by striking paragraph (7) the program, including in a case in which a fiscal year; and and inserting the following: previously authorized vendor sells a store ‘‘(II) the value of that index for the 12- ‘‘(7) NUTRITION EDUCATION.—The term ‘nu- under circumstances that do not permit month period ending June 30 of the preceding trition education’ means individual and timely notification to the State agency of fiscal year.’’. group sessions and the provision of material the change in ownership;’’. (b) TECHNOLOGY INFRASTRUCTURE IMPROVE- that are designed to improve health status (2) ALLOWABLE USE OF FUNDS.— MENT.—Section 7 of the Child Nutrition Act and achieve positive change in dietary and (A) IN GENERAL.—Section 17(f)(11) of the of 1966 (42 U.S.C. 1776) is amended by insert- physical activity habits, and that emphasize Child Nutrition Act of 1966 (42 U.S.C. ing after subsection (h) (as added by section the relationship between nutrition, physical 1786(f)(11) is amended— 126(c)(3)) the following: activity, and health, all in keeping with the (i) by striking ‘‘(11) The Secretary’’ and in- ‘‘(i) TECHNOLOGY INFRASTRUCTURE IMPROVE- personal and cultural preferences of the indi- serting the following: MENT.— vidual.’’. ‘‘(11) SUPPLEMENTAL FOODS.— ‘‘(1) IN GENERAL.—Each State shall submit (2) SUPPLEMENTAL FOODS.—Section 17(b)(14) ‘‘(A) IN GENERAL.—The Secretary’’; to the Secretary, for approval by the Sec- of the Child Nutrition Act of 1966 (42 U.S.C. (ii) in the second sentence, by striking ‘‘To retary, an amendment to the plan required 1786(b)(14)) is amended in the first sentence the degree’’ and inserting the following: by subsection (e) that describes the manner by inserting after ‘‘children’’ the following: ‘‘(B) APPROPRIATE CONTENT.—To the de- in which funds provided under this section ‘‘and foods that promote the health of the gree’’; and will be used for technology and information population served by the program authorized (iii) by adding at the end the following: management systems. by this section, as indicated by relevant nu- ‘‘(C) ALLOWABLE USE OF FUNDS.—Subject to ‘‘(2) REQUIREMENTS.—The amendment trition science, public health concerns, and the availability of funds, the Secretary shall shall, at a minimum, describe the manner in cultural eating patterns’’. award grants to not more than 10 local sites which the State will improve program integ- (3) OTHER TERMS.—Section 17(b) of the determined by the Secretary to be geo- rity by— Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) graphically and culturally representative of ‘‘(A) monitoring the nutrient content of is amended by adding at the end the fol- State, local, and Indian agencies, to evaluate meals served; lowing: the feasibility of including fresh, frozen, or ‘‘(B) providing training to local edu- ‘‘(22) PRIMARY CONTRACT INFANT FOR- canned fruits and vegetables (to be made cational agencies, school food authorities, MULA.—The term ‘primary contract infant available through private funds) as an addi- and schools on the use of technology and in- formula’ means the specific infant formula tion to the supplemental foods prescribed formation management systems for activi- for which manufacturers submit a bid to a under this section. ties including— State agency in response to a rebate solicita- ‘‘(D) REVIEW OF AVAILABLE SUPPLEMENTAL ‘‘(i) menu planning; tion under this section and for which a con- FOODS.—As frequently as determined by the ‘‘(ii) collection of point-of-sale data; and tract is awarded by the State agency as a re- Secretary to be necessary to reflect the most ‘‘(iii) the processing of applications for free sult of that bid. recent scientific knowledge, the Secretary and reduced price meals; and ‘‘(23) STATE ALLIANCE.—The term ‘State al- shall— ‘‘(C) using electronic data to establish liance’ means 2 or more State agencies that ‘‘(i) conduct a scientific review of the sup- benchmarks to compare and monitor pro- join together for the purpose of procuring in- plemental foods available under the program integrity, program participation, and fant formula under the program by soliciting gram; and financial data across schools and school food competitive bids for infant formula.’’. ‘‘(ii) amend the supplemental foods avail- authorities. (b) ELIGIBILITY.— able, as necessary, to reflect nutrition ‘‘(3) TECHNOLOGY INFRASTRUCTURE (1) CERTIFICATION PERIOD.—Section 17(d)(3) science, public health concerns, and cultural GRANTS.— of the Child Nutrition Act of 1966 (42 U.S.C. eating patterns.’’. ‘‘(A) IN GENERAL.—Subject to the avail- 1786(d)(3)) is amended— (B) RULEMAKING.—Not later than 18 ability of funds made available under para- (A) by striking ‘‘(3)(A) Persons’’ and insert- months after the date of receiving the review graph (4) to carry out this paragraph, the ing the following: initiated by the National Academy of Secretary shall, on a competitive basis, pro- ‘‘(3) CERTIFICATION.— Sciences, Institute of Medicine in September vide funds to States to be used to provide ‘‘(A) PROCEDURES.— 2003 of the supplemental foods available for grants to local educational agencies, school ‘‘(i) IN GENERAL.—Subject to clause (ii), a the special supplemental nutrition program food authorities, and schools to defray the person’’; and for women, infants, and children authorized cost of purchasing or upgrading technology (B) by adding at the end of subparagraph under section 17 of the Child Nutrition Act of and information management systems for (A) the following: 1966 (42 U.S.C. 1786), the Secretary shall pro- use in programs authorized by this Act ‘‘(ii) BREASTFEEDING WOMEN.—A State may mulgate a final rule updating the prescribed (other than section 17) and the Richard B. elect to certify a breastfeeding woman for a supplemental foods available through the Russell National School Lunch Act (42 U.S.C. period of 1 year postpartum or until a program. 1751 et seq.). woman discontinues breastfeeding, which- (3) USE OF CLAIMS FROM LOCAL AGENCIES.— ‘‘(B) INFRASTRUCTURE DEVELOPMENT ever is earlier.’’. Section 17(f)(21) of the Child Nutrition Act of PLAN.—To be eligible to receive a grant (2) PHYSICAL PRESENCE.—Section 1966 (42 U.S.C. 1786(f)(21)) is amended— under this paragraph, a school or school food 17(d)(3)(C)(ii) of the Child Nutrition Act of (A) in the paragraph heading, by striking authority shall submit to the State a plan to 1966 (42 U.S.C. 1786(d)(3)(C)(ii)) is amended— ‘‘VENDORS’’ and inserting ‘‘LOCAL AGENCIES, purchase or upgrade technology and informa- (A) in subclause (I)(bb), by striking ‘‘from VENDORS,’’; and tion management systems that addresses po- a provider other than the local agency; or’’ (B) by striking ‘‘vendors’’ and inserting tential cost savings and methods to improve and inserting a semicolon; ‘‘local agencies, vendors,’’. program integrity, including— (B) in subclause (II), by striking the period (4) INFANT FORMULA BENEFITS.— ‘‘(i) processing and verification of applica- at the end and inserting ‘‘; and’’; and (A) IN GENERAL.—Section 17(f) of the Child tions for free and reduced price meals; (C) by adding at the end the following: Nutrition Act of 1966 (42 U.S.C. 1786(f)) is ‘‘(ii) integration of menu planning, produc- ‘‘(III) an infant under 8 weeks of age— amended by adding at the end the following: tion, and serving data to monitor compliance ‘‘(aa) who cannot be present at certifi- ‘‘(25) INFANT FORMULA BENEFITS.—A State with section 9(f)(1) of the Richard B. Russell cation for a reason determined appropriate agency may round up to the next whole can National School Lunch Act (42 U.S.C. by the local agency; and of infant formula to allow all participants 1758(f)(1)); and ‘‘(bb) for whom all necessary certification under the program to receive the full-author- ‘‘(iii) compatibility with statewide report- information is provided.’’. ized nutritional benefit specified by regula- ing systems. (c) ADMINISTRATION.— tion.’’.

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(B) APPLICABILITY.—The amendment made ‘‘(IV) SECRETARIAL WAIVER.—The Secretary (C) APPLICABILITY.—The amendments made by subparagraph (A) applies to infant for- may waive the requirements of this clause by this paragraph apply to a bid solicitation mula provided under a contract resulting not earlier than 30 days after submitting to issued on or after October 1, 2004. from a bid solicitation issued on or after Oc- the Committee on Education and the Work- (8) LIST OF INFANT FORMULA WHOLESALERS, tober 1, 2004. force of the House of Representatives and the DISTRIBUTORS, RETAILERS, AND MANUFACTUR- (5) NOTIFICATION OF VIOLATIONS.—Section Committee on Agriculture, Nutrition, and ERS.—Section 17(h)(8)(A) of the Child Nutri- 17(f) of the Child Nutrition Act of 1966 (42 Forestry of the Senate a written report that tion Act of 1966 (42 U.S.C. 1786(h)(8)(A)) (as U.S.C. 1786(f)) (as amended by paragraph (4)) describes the cost-containment and competi- amended by paragraph (7)(A)) is amended by is amended by adding at the end the fol- tive benefits of the proposed waiver.’’. adding at the end the following: lowing: (4) PRIMARY CONTRACT INFANT FORMULA.— ‘‘(ix) LIST OF INFANT FORMULA WHOLE- ‘‘(26) NOTIFICATION OF VIOLATIONS.—If a (A) IN GENERAL.—Section 17(h)(8)(A) of the SALERS, DISTRIBUTORS, RETAILERS, AND MANU- State agency finds that a vendor has com- Child Nutrition Act of 1966 (42 U.S.C. FACTURERS.—The State agency shall main- mitted a violation that requires a pattern of 1786(8)(A)) (as amended by paragraph (3)) is tain a list of— occurrences in order to impose a penalty or amended— ‘‘(I) infant formula wholesalers, distribu- sanction, the State agency shall notify the (i) in clause (ii)(I), by striking ‘‘contract tors, and retailers licensed in the State in vendor of the initial violation in writing brand of’’ and inserting ‘‘primary contract’’; accordance with State law (including regula- prior to documentation of another violation, (ii) in clause (iii), by inserting ‘‘for a spe- tions); and unless the State agency determines that no- cific infant formula for which manufacturers ‘‘(II) infant formula manufacturers reg- tifying the vendor would compromise an in- submit a bid’’ after ‘‘lowest net price’’; and istered with the Food and Drug Administra- vestigation.’’. (iii) by adding at the end the following: tion that provide infant formula. (d) REAUTHORIZATION OF WIC PROGRAM.— ‘‘(v) FIRST CHOICE OF ISSUANCE.—The State ‘‘(x) PURCHASE REQUIREMENT.—A vendor au- Section 17(g) of the Child Nutrition Act of agency shall use the primary contract infant thorized to participate in the program under 1966 (42 U.S.C. 1786(g)) is amended by striking formula as the first choice of issuance (by this section shall only purchase infant for- ‘‘(g)(1)’’ and all that follows through ‘‘As au- formula type), with all other infant formulas mula from the list described in clause (ix).’’. thorized’’ in paragraph (1) and inserting the issued as an alternative to the primary con- (9) FUNDS FOR INFRASTRUCTURE, MANAGE- following: tract infant formula.’’. MENT INFORMATION SYSTEMS, AND SPECIAL NU- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (B) APPLICABILITY.—The amendments made TRITION EDUCATION.—Section 17(h) of the ‘‘(1) IN GENERAL.— by subparagraph (A) apply to a contract re- Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) ‘‘(A) AUTHORIZATION.—There are authorized sulting from a bid solicitation issued on or is amended by striking paragraph (10) and in- to be appropriated to carry out this section after October 1, 2004. serting the following: such sums as are necessary for each of fiscal (5) REBATE INVOICES.—Section 17(h)(8)(A) of ‘‘(10) FUNDS FOR INFRASTRUCTURE, MANAGE- years 2004 through 2009. the Child Nutrition Act of 1966 (42 U.S.C. MENT INFORMATION SYSTEMS, AND SPECIAL NU- ‘‘(B) ADVANCE APPROPRIATIONS; AVAIL- 1786(h)(8)(A)) (as amended by paragraph TRITION EDUCATION.— ABILITY.—As authorized’’. (4)(A)(iii)) is amended by adding at the end ‘‘(A) IN GENERAL.—For each of fiscal years (e) NUTRITION SERVICES AND ADMINISTRA- the following: 2006 through 2009, the Secretary shall use for TION FUNDS; COMPETITIVE BIDDING; RETAIL- the purposes specified in subparagraph (B), ‘‘(vi) REBATE INVOICES.—Each State agency ERS.— shall have a system to ensure that infant $64,000,000 or the amount of nutrition serv- (1) IN GENERAL.—Section 17(h)(2)(A) of the formula rebate invoices, under competitive ices and administration funds and supple- Child Nutrition Act of 1966 (42 U.S.C. bidding, provide a reasonable estimate or an mental food funds for the prior fiscal year 1786(h)(2)(A)) is amended by striking ‘‘For actual count of the number of units sold to that have not been obligated, whichever is each of the fiscal years 1995 through 2003, participants in the program under this sec- less. the’’ and inserting ‘‘The’’. ‘‘(B) PURPOSES.—Of the amount made tion.’’. (2) HEALTHY PEOPLE 2010 INITIATIVE.—Sec- available under subparagraph (A) for a fiscal (6) UNCOUPLING MILK AND SOY BIDS.— tion 17(h)(4) of the Child Nutrition Act of year, not more than— (A) IN GENERAL.—Section 17(h)(8)(A) of the 1966 (42 U.S.C. 1786(h)(4)) is amended— ‘‘(i) $14,000,000 shall be used for— Child Nutrition Act of 1966 (42 U.S.C. (A) in subparagraph (D), by striking ‘‘; ‘‘(I) infrastructure for the program under 1786(h)(8)(A)) (as amended by paragraph (5)) and’’ and inserting a semicolon; this section; is amended by adding at the end the fol- (B) in subparagraph (E), by striking the pe- ‘‘(II) special projects to promote lowing: riod at the end and inserting ‘‘; and’’; and breastfeeding, including projects to assess ‘‘(vii) SEPARATE SOLICITATIONS.—In solic- (C) by adding at the end the following: the effectiveness of particular breastfeeding iting bids for infant formula under a com- ‘‘(F) partner with communities, State and promotion strategies; and petitive bidding system, any State agency, local agencies, employers, health care pro- ‘‘(III) special State projects of regional or fessionals, and other entities in the private or State alliance, that served under the pro- national significance to improve the services sector to build a supportive breastfeeding en- gram a monthly average of more than 100,000 of the program; vironment for women participating in the infants during the preceding 12-month period ‘‘(ii) $30,000,000 shall be used to establish, program under this section to support the shall solicit bids from infant formula manu- improve, or administer management infor- breastfeeding goals of the Healthy People facturers under procedures that require that mation systems for the program, including 2010 initiative.’’. bids for rebates or discounts are solicited for changes necessary to meet new legislative or (3) SIZE OF STATE ALLIANCES.—Section milk-based and soy-based infant formula sep- regulatory requirements of the program; and 17(h)(8)(A) of the Child Nutrition Act of 1966 arately.’’. ‘‘(iii) $20,000,000 shall be used for special (42 U.S.C. 1786(h)(8)(A)) is amended by adding (B) APPLICABILITY.—The amendment made nutrition education such as breast feeding at the end the following: by this paragraph applies to a bid solicita- peer counselors and other related activities. ‘‘(iv) SIZE OF STATE ALLIANCES.— tion issued on or after October 1, 2004. ‘‘(C) PROPORTIONAL DISTRIBUTION.—In a ‘‘(I) IN GENERAL.—Except as provided in (7) CENT-FOR-CENT ADJUSTMENTS.— case in which less than $64,000,000 is avail- subclauses (II) through (IV), no State alli- (A) IN GENERAL.—Section 17(h)(8)(A) of the able to carry out this paragraph, the Sec- ance may exist among States if the total Child Nutrition Act of 1966 (42 U.S.C. retary shall make a proportional distribu- number of infants served by States partici- 1786(h)(8)(A)) (as amended by paragraph tion of funds allocated under subparagraph pating in the alliance as of October 1, 2003, or (6)(A)) is amended by adding at the end the (B).’’. such subsequent date determined by the Sec- following: (10) VENDOR COST CONTAINMENT.— retary for which data is available, would ex- ‘‘(viii) CENT-FOR-CENT ADJUSTMENTS.—A bid (A) Section 17(h) of the Child Nutrition Act ceed 100,000. solicitation for infant formula under the proof 1966 (42 U.S.C. 1786(h)) is amended by ‘‘(II) ADDITION OF INFANT PARTICIPANTS.—In gram shall require the manufacturer to ad- striking paragraph (11) and inserting the fol- the case of a State alliance that exists on just for price changes subsequent to the lowing: the date of enactment of this clause, the alli- opening of the bidding process in a manner ‘‘(11) VENDOR COST CONTAINMENT.— ance may continue and may expand to serve that requires— ‘‘(A) PEER GROUPS.— more than 100,000 infants but, except as pro- ‘‘(I) a cent-for-cent increase in the rebate ‘‘(i) IN GENERAL.—The State agency shall— vided in subclause (III), may not expand to amounts if there is an increase in the lowest ‘‘(I) establish a vendor peer group system; include any additional State agency. national wholesale price for a full truckload ‘‘(II) in accordance with subparagraphs (B) ‘‘(III) ADDITION OF SMALL STATE AGENCIES of the particular infant formula; and and (C), establish competitive price criteria AND INDIAN STATE AGENCIES.—Any State alli- ‘‘(II) a cent-for-cent decrease in the rebate and allowable reimbursement levels for each ance may expand to include any State agen- amounts if there is a decrease in the lowest vendor peer group; and cy that served less than 5,000 infant partici- national wholesale price for a full truckload ‘‘(III) if the State agency elects to author- pants as of October 1, 2003, or such subse- of the particular infant formula.’’. ize any types of vendors described in sub- quent date determined by the Secretary for (B) CONFORMING AMENDMENT.—Section paragraph (D)(ii)(I)— which data is available, or any Indian State 17(h)(8)(A)(ii) of the Child Nutrition Act of ‘‘(aa) distinguish between vendors de- agency, if the State agency or Indian State 1966 (42 U.S.C. 1786(h)(8)(A)(ii)) is amended by scribed in subparagraph (D)(ii)(I) and other agency requests to join the State alliance. striking ‘‘rise’’ and inserting ‘‘change’’. vendors by establishing—

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.043 S23PT1 S7262 CONGRESSIONAL RECORD — SENATE June 23, 2004 ‘‘(AA) separate peer groups for vendors de- ‘‘(I) that payments to vendors in the ven- ‘‘(B) make available from appropriated scribed in subparagraph (D)(ii)(I);or dor peer group reflect competitive retail funds such sums as are required for hosting, ‘‘(BB) distinct competitive price criteria prices; and hardware and software configuration, and and allowable reimbursement levels for ven- ‘‘(II) that the State agency does not reim- support of the database.’’. dors described in subparagraph (D)(ii)(I) burse a vendor for supplemental foods at a (13) INCENTIVE ITEMS.—Section 17(h) of the within a peer group that contains both ven- level that would make the vendor ineligible Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) dors described in subparagraph (D)(ii)(I) and for authorization under the criteria estab- (as amended by paragraph (12)) is amended other vendors; and lished under subparagraph (B). by adding at the end the following: ‘‘(bb) establish competitive price criteria ‘‘(ii) PRICE FLUCTUATIONS.—The allowable ‘‘(14) INCENTIVE ITEMS.—A State agency and allowable reimbursement levels that reimbursement levels may include a factor shall not authorize or make payments to a comply with subparagraphs (B) and (C), re- to reflect fluctuations in wholesale prices. vendor described in paragraph (11)(D)(ii)(I) spectively, and that do not result in higher ‘‘(iii) PARTICIPANT ACCESS.—In establishing that provides incentive items or other free food costs if program participants redeem allowable reimbursement levels, the State merchandise, except food or merchandise of supplemental food vouchers at vendors de- agency shall consider participant access in a nominal value (as determined by the Sec- scribed in subparagraph (D)(ii)(I) rather than geographic area. retary), to program participants unless the at vendors other than vendors described in ‘‘(D) EXEMPTIONS.—The State agency may vendor provides to the State agency proof subparagraph (D)(ii)(I). exempt from competitive price criteria and that the vendor obtained the incentive items or merchandise at no cost.’’. Nothing in this paragraph shall be construed allowable reimbursement levels established (f) SPEND FORWARD AUTHORITY.—Section to compel a State agency to achieve lower under this paragraph— ‘‘(i) pharmacy vendors that supply only ex- 17(i)(3)(A)(ii)(I) of the Child Nutrition Act of food costs if program participants redeem 1966 (42 U.S.C. 1786(i)(3)(A)(ii)(I)) is amended supplemental food vouchers at vendors de- empt infant formula or medical foods that are eligible under the program; and by striking ‘‘1 percent’’ and inserting ‘‘3 per- scribed in subparagraph (D)(ii)(I) rather than cent’’. ‘‘(ii) vendors— at vendors other than vendors described in (g) MIGRANT AND COMMUNITY HEALTH CEN- ‘‘(I)(aa) for which more than 50 percent of subparagraph (D)(ii)(I). TERS INITIATIVE.—Section 17(j) of the Child ‘‘(ii) EXEMPTIONS.—The Secretary may ex- the annual revenue of the vendor from the Nutrition Act of 1966 (42 U.S.C. 1786(j)) is empt from the requirements of clause (i)— sale of food items consists of revenue from amended— ‘‘(I) a State agency that elects not to au- the sale of supplemental foods that are ob- (1) by striking paragraph (4); and thorize any types of vendors described in tained with food instruments; or (2) by redesignating paragraph (5) as para- subparagraph (D)(ii)(I) and that dem- ‘‘(bb) who are new applicants likely to graph (4). onstrates to the Secretary that— meet the criteria of item (aa) under criteria (h) FARMERS’ MARKET NUTRITION PRO- ‘‘(aa) compliance with clause (i) would be approved by the Secretary; and GRAM.— inconsistent with efficient and effective op- ‘‘(II) that are nonprofit. (1) ROADSIDE STANDS.—Section 17(m)(1) of eration of the program administered by the ‘‘(E) COST CONTAINMENT.—If a State agency the Child Nutrition Act of 1966 (42 U.S.C. State under this section; or elects to authorize any types of vendors de- 1786(m)(1)) is amended by inserting ‘‘and (at ‘‘(bb) an alternative cost-containment sys- scribed in subparagraph (D)(ii)(I), the State the option of a State) roadside stands’’ after tem would be as effective as a vendor peer agency shall demonstrate to the Secretary, ‘‘farmers’ markets’’. and the Secretary shall certify, that the group system; or (2) MATCHING FUNDS.—Section 17(m)(3) of competitive price criteria and allowable re- ‘‘(II) a State agency— the Child Nutrition Act of 1966 (42 U.S.C. imbursement levels established under this ‘‘(aa) in which the sale of supplemental 1786(m)(3)) is amended by striking ‘‘total’’ paragraph for vendors described in subpara- foods that are obtained with food instru- both places it appears and inserting ‘‘admin- graph (D)(ii)(I) do not result in average payments from vendors described in subpara- istrative’’. ments per voucher to vendors described in graph (D)(ii)(I) constituted less than 5 per- (3) BENEFIT VALUE.—Section 17(m)(5)(C)(ii) subparagraph (D)(ii)(I) that are higher than cent of total sales of supplemental foods that of the Child Nutrition Act of 1966 (42 U.S.C. average payments per voucher to comparable were obtained with food instruments in the 1786(m)(5)(C)(ii)) is amended by striking vendors other than vendors described in sub- State in the year preceding a year in which ‘‘$20’’ and inserting ‘‘$30’’. paragraph (D)(ii)(I). the exemption is effective; and (4) REAUTHORIZATION.—Section 17(m)(9)(A) ‘‘(F) LIMITATION ON PRIVATE RIGHTS OF AC- ‘‘(bb) that demonstrates to the Secretary of the Child Nutrition Act of 1966 (42 U.S.C. TION.—Nothing in this paragraph may be that an alternative cost-containment system 1786(m)(9)(A)) is amended by striking clause construed as creating a private right of ac- (i) and inserting the following: would be as effective as the vendor peer tion. group system and would not result in higher ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(G) IMPLEMENTATION.—A State agency There are authorized to be appropriated to food costs if program participants redeem shall comply with this paragraph not later supplemental food vouchers at vendors de- carry out this subsection such sums as are than 18 months after the date of enactment necessary for each of fiscal years 2004 scribed in subparagraph (D)(ii)(I) rather than of this paragraph.’’. at vendors other than vendors described in through 2009.’’. (B) CONFORMING AMENDMENT.—Section (i) DEMONSTRATION PROJECT RELATING TO subparagraph (D)(ii)(I). 17(f)(1)(C)(i) of the Child Nutrition Act of 1966 USE OF WIC PROGRAM FOR IDENTIFICATION ‘‘(B) COMPETITIVE PRICING.— (42 U.S.C. 1786(f)(1)(C)(i)) is amended by in- AND ENROLLMENT OF CHILDREN IN CERTAIN ‘‘(i) IN GENERAL.—The State agency shall serting before the semicolon the following: ‘‘, HEALTH PROGRAMS.— establish competitive price criteria for each including a description of the State agency’s (1) IN GENERAL.—Section 17 of the Child peer group for the selection of vendors for vendor peer group system, competitive price Nutrition Act of 1966 (42 U.S.C. 1786) is participation in the program that— criteria, and allowable reimbursement levels amended by striking subsection (r). ‘‘(I) ensure that the retail prices charged that demonstrate that the State is in com- (2) CONFORMING AMENDMENT.—Section 12 of by vendor applicants for the program are pliance with the cost-containment provi- the Richard B. Russell National School competitive with the prices charged by other sions in subsection (h)(11).’’. Lunch Act (42 U.S.C. 1760) is amended by vendors; and (11) IMPOSITION OF COSTS ON RETAIL striking subsection (p). ‘‘(II) consider— STORES.—Section 17(h) of the Child Nutrition SEC. 204. LOCAL WELLNESS POLICY. ‘‘(aa) the shelf prices of the vendor for all Act of 1966 (42 U.S.C. 1786(h)) is amended by (a) IN GENERAL.—Not later than the first buyers; or striking paragraph (12) and inserting the fol- day of the school year beginning after June ‘‘(bb) the prices that the vendor bid for lowing: 30, 2006, each local educational agency par- supplemental foods, which shall not exceed ‘‘(12) IMPOSITION OF COSTS ON RETAIL ticipating in a program authorized by the the shelf prices of the vendor for all buyers. STORES.—The Secretary may not impose, or Richard B. Russell National School Lunch ‘‘(ii) PARTICIPANT ACCESS.—In establishing allow a State agency to impose, the costs of Act (42 U.S.C. 1751 et seq.) or the Child Nutri- competitive price criteria, the State agency any equipment, system, or processing re- tion Act of 1966 (42 U.S.C. 1771 et seq.) shall shall consider participant access by geo- quired for electronic benefit transfers on any establish a local school wellness policy for graphic area. retail store authorized to transact food in- schools under the local educational agency ‘‘(iii) SUBSEQUENT PRICE INCREASES.—The struments, as a condition for authorization that, at a minimum— State agency shall establish procedures to or participation in the program.’’. (1) includes goals for nutrition education, ensure that a retail store selected for par- (12) UNIVERSAL PRODUCT CODES DATABASE.— physical activity, and other school-based ac- ticipation in the program does not, subse- Section 17(h) of the Child Nutrition Act of tivities that are designed to promote student quent to selection, increase prices to levels 1966 (42 U.S.C. 1786(h)) (as amended by para- wellness in a manner that the local edu- that would make the store ineligible for se- graph (11)) is amended by adding at the end cational agency determines is appropriate; lection to participate in the program. the following: (2) includes nutrition guidelines selected ‘‘(C) ALLOWABLE REIMBURSEMENT LEVELS.— ‘‘(13) UNIVERSAL PRODUCT CODES DATA- by the local educational agency for all foods ‘‘(i) IN GENERAL.—The State agency shall BASE.—The Secretary shall— available on each school campus under the establish allowable reimbursement levels for ‘‘(A) establish a national universal product local educational agency during the school supplemental foods for each vendor peer code database for use by all State agencies in day with the objectives of promoting student group that ensure— carrying out the program; and health and reducing childhood obesity;

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.044 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7263 (3) provides an assurance that guidelines those based on the most recent Dietary and other consequences of children who are for reimbursable school meals shall not be Guidelines for Americans published under at risk of becoming overweight or obese; less restrictive than regulations and guid- section 301 of the National Nutrition Moni- ‘‘(B) an analysis of the means by which the ance issued by the Secretary of Agriculture toring and Related Research Act of 1990 (7 State agency will use and disseminate the pursuant to subsections (a) and (b) of section U.S.C. 5341); team nutrition messages and material devel- 10 of the Child Nutrition Act (42 U.S.C. 1779) ‘‘(2) to provide assistance to States for the oped by the Secretary; and sections 9(f)(1) and 17(a) of the Richard development of comprehensive and inte- ‘‘(C) an explanation of the ways in which B. Russell National School Lunch Act (42 grated nutrition education and active living the State agency will use the funds from the U.S.C. 1758(f)(1), 1766(a)), as those regulations programs in schools and facilities that par- grant to work toward the goals required and guidance apply to schools; ticipate in child nutrition programs; under subparagraph (A), and to promote (4) establishes a plan for measuring imple- ‘‘(3) to provide training and technical as- healthy eating and physical activity and fit- mentation of the local wellness policy, in- sistance and disseminate team nutrition ness in schools throughout the State; cluding designation of 1 or more persons messages to States, school and community ‘‘(D) a description of the ways in which the within the local educational agency or at nutrition programs, and child nutrition food State team nutrition network messages and each school, as appropriate, charged with service professionals; activities will be coordinated at the State operational responsibility for ensuring that ‘‘(4) to coordinate and collaborate with level with other health promotion and edu- the school meets the local wellness policy; other nutrition education and active living cation activities; and programs that share similar goals and pur- ‘‘(E) a description of the consultative proc- (5) involves parents, students, representa- poses; and ess that the State agency employed in the tives of the school food authority, the school ‘‘(5) to identify and share innovative pro- development of the model nutrition and board, school administrators, and the public grams with demonstrated effectiveness in physical activity programs, including con- in the development of the school wellness helping children to maintain a healthy sultations with individuals and organiza- policy. weight by enhancing student understanding tions with expertise in promoting public (b) TECHNICAL ASSISTANCE AND BEST PRAC- of healthful eating patterns and the impor- health, nutrition, or physical activity; TICES.— tance of regular physical activity. ‘‘(F) a description of how the State agency will evaluate the effectiveness of each pro- (1) IN GENERAL.—The Secretary, in coordi- ‘‘(b) DEFINITION OF TEAM NUTRITION NET- gram developed by the State agency; nation with the Secretary of Education and WORK.—In this section, the term ‘team nutri- in consultation with the Secretary of Health tion network’ means a statewide multidisci- ‘‘(G) an annual summary of the team nu- and Human Services, acting through the plinary program for children to promote trition network activities; Centers for Disease Control and Prevention, healthy eating and physical activity based ‘‘(H) a description of the ways in which the shall make available to local educational on scientifically valid information and sound total school environment will support healthy eating and physical activity; and agencies, school food authorities, and State educational, social, and marketing prin- ‘‘(I) a description of how all communica- educational agencies, on request, informa- ciples. tions to parents and legal guardians of stu- tion and technical assistance for use in— ‘‘(c) GRANTS.— dents who are members of a household re- (A) establishing healthy school nutrition ‘‘(1) IN GENERAL.—Subject to the avail- ceiving or applying for assistance under the environments; ability of funds for use in carrying out this program shall be in an understandable and (B) reducing childhood obesity; and section, in addition to any other funds made uniform format and, to the maximum extent (C) preventing diet-related chronic dis- available to the Secretary for team nutrition practicable, in a language that parents and eases. purposes, the Secretary, in consultation with legal guardians can understand. (2) CONTENT.—Technical assistance pro- the Secretary of Education, may make ‘‘(f) STATE COORDINATOR.—Each State that vided by the Secretary under this subsection grants to State agencies for each fiscal year, receives a grant under this section shall ap- shall— in accordance with this section, to establish point a team nutrition network coordinator (A) include relevant and applicable exam- team nutrition networks to promote nutri- who shall— ples of schools and local educational agen- tion education through— ‘‘(1) administer and coordinate the team cies that have taken steps to offer healthy ‘‘(A) the use of team nutrition network nutrition network within and across schools, options for foods sold or served in schools; messages and other scientifically based in- school food authorities, and other child nu- (B) include such other technical assistance formation; and trition program providers in the State; and as is required to carry out the goals of pro- ‘‘(B) the promotion of active lifestyles. ‘‘(2) coordinate activities of the Secretary, moting sound nutrition and establishing ‘‘(2) FORM.—A portion of the grants pro- acting through the Food and Nutrition Serv- healthy school nutrition environments that vided under this subsection may be in the ice, and State agencies responsible for other are consistent with this section; form of competitive grants. children’s health, education, and wellness (C) be provided in such a manner as to be ‘‘(3) FUNDS FROM NONGOVERNMENTAL programs to implement a comprehensive, co- consistent with the specific needs and re- SOURCES.—In carrying out this subsection, ordinated team nutrition network program. quirements of local educational agencies; the Secretary may accept cash contributions ‘‘(g) AUTHORIZED ACTIVITIES.—A State and from nongovernmental organizations made agency that receives a grant under this sec- (D) be for guidance purposes only and not expressly to further the purposes of this section may use funds from the grant— be construed as binding or as a mandate to tion, to be managed by the Food and Nutri- ‘‘(1)(A) to collect, analyze, and disseminate schools, local educational agencies, school tion Service, for use by the Secretary and data regarding the extent to which children food authorities, or State educational agen- the States in carrying out this section. and youths in the State are overweight, cies. ‘‘(d) ALLOCATION.—Subject to the avail- physically inactive, or otherwise suffering (3) FUNDING.— ability of funds for use in carrying out this from nutrition-related deficiencies or disease (A) IN GENERAL.—On July 1, 2006, out of any section, the total amount of funds made conditions; and funds in the Treasury not otherwise appro- available for a fiscal year for grants under ‘‘(B) to identify the programs and services priated, the Secretary of the Treasury shall this section shall equal not more than the available to meet those needs; transfer to the Secretary of Agriculture to sum of— ‘‘(2) to implement model elementary and carry out this subsection $4,000,000, to re- ‘‘(1) the product obtained by multiplying 1⁄2 secondary education curricula using team main available until September 30, 2009. cent by the number of lunches reimbursed nutrition network messages and material de- (B) RECEIPT AND ACCEPTANCE.—The Sec- through food service programs under the veloped by the Secretary to create a com- retary shall be entitled to receive, shall ac- Richard B. Russell National School Lunch prehensive, coordinated nutrition and phys- cept, and shall use to carry out this sub- Act (42 U.S.C. 1751 et seq.) during the second ical fitness awareness and obesity prevention section the funds transferred under subpara- preceding fiscal year in schools, institutions, program; graph (A), without further appropriation. and service institutions that participate in ‘‘(3) to implement pilot projects in schools SEC. 205. TEAM NUTRITION NETWORK. the food service programs; and to promote physical activity and to enhance (a) TEAM NUTRITION NETWORK.—Section 19 ‘‘(2) the total value of funds received by the nutritional status of students; of the Child Nutrition Act of 1966 (42 U.S.C. the Secretary in support of this section from ‘‘(4) to improve access to local foods 1788) is amended to read as follows: nongovernmental sources. through farm-to-cafeteria activities that ‘‘SEC. 19. TEAM NUTRITION NETWORK. ‘‘(e) REQUIREMENTS FOR STATE PARTICIPA- may include the acquisition of food and the ‘‘(a) PURPOSES.—The purposes of the team TION.—To be eligible to receive a grant under provision of training and education; nutrition network are— this section, a State agency shall submit to ‘‘(5) to implement State guidelines in ‘‘(1) to establish State systems to promote the Secretary a plan that— health (including nutrition education and the nutritional health of school children of ‘‘(1) is subject to approval by the Sec- physical education guidelines) and to empha- the United States through nutrition edu- retary; and size regular physical activity during school cation and the use of team nutrition mes- ‘‘(2) is submitted at such time and in such hours; sages and material developed by the Sec- manner, and that contains such information, ‘‘(6) to establish healthy eating and life- retary, and to encourage regular physical ac- as the Secretary may require, including— style policies in schools; tivity and other activities that support ‘‘(A) a description of the goals and pro- ‘‘(7) to provide training and technical as- healthy lifestyles for children, including posed State plan for addressing the health sistance to teachers and school food service

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.044 S23PT1 S7264 CONGRESSIONAL RECORD — SENATE June 23, 2004

professionals consistent with the purposes of shall conduct the project during a period of ‘‘(k) TEAM NUTRITION NETWORK INDE- this section; 3 successive school years beginning with the PENDENT EVALUATION.— ‘‘(8) to collaborate with public and private initial fiscal year for which the local edu- ‘‘(1) IN GENERAL.—Subject to the avail- organizations, including community-based cational agency receives funds. ability of funds to carry out this subsection, organizations, State medical associations, ‘‘(5) AUTHORIZED ACTIVITIES.—An eligible the Secretary shall offer to enter into an and public health groups, to develop and im- applicant that receives assistance under this agreement with an independent, non- plement nutrition and physical education subsection— partisan, science-based research organiza- programs targeting lower income children, ‘‘(A) shall use funds provided to— tion— ethnic minorities, and youth at a greater ‘‘(i) promote healthy eating through the ‘‘(A) to conduct a comprehensive inde- risk for obesity. development and implementation of nutri- pendent evaluation of the effectiveness of ‘‘(h) LOCAL NUTRITION AND PHYSICAL ACTIV- tion education programs and curricula based the team nutrition initiative and the team ITY GRANTS.— on the Dietary Guidelines for Americans nutrition network under this section; and ‘‘(1) IN GENERAL.—Subject to the avail- published under section 301 of the National ‘‘(B) to identify best practices by schools ability of funds to carry out this subsection, Nutrition Monitoring and Related Research in— the Secretary, in consultation with the Sec- Act of 1990 (7 U.S.C. 5341); and ‘‘(i) improving student understanding of retary of Education, shall provide assistance ‘‘(ii) increase opportunities for physical ac- healthful eating patterns; to selected local educational agencies to cre- tivity through after school programs, ath- ‘‘(ii) engaging students in regular physical ate healthy school nutrition environments, letics, intramural activities, and recess; and activity and improving physical fitness; promote healthy eating habits, and increase ‘‘(B) may use funds provided to— ‘‘(iii) reducing diabetes and obesity rates physical activity, consistent with the Die- ‘‘(i) educate parents and students about in school children; tary Guidelines for Americans published the relationship of a poor diet and inactivity ‘‘(iv) improving student nutrition behav- under section 301 of the National Nutrition to obesity and other health problems; iors on the school campus, including by in- Monitoring and Related Research Act of 1990 ‘‘(ii) develop and implement physical edu- creasing healthier meal choices by students, (7 U.S.C. 5341), among elementary and sec- cation programs that promote fitness and as evidenced by greater inclusion of fruits, ondary education students. lifelong activity; vegetables, whole grains, and lean dairy and ‘‘(2) SELECTION OF SCHOOLS.—In selecting ‘‘(iii) provide training and technical assist- protein in meal and snack selections; local educational agencies for grants under ance to food service professionals to develop ‘‘(v) providing training and technical as- this subsection, the Secretary shall— more appealing, nutritious menus and rec- sistance for food service professionals result- ‘‘(A) provide for the equitable distribution ipes; ing in the availability of healthy meals that of grants among— ‘‘(iv) incorporate nutrition education into appeal to ethnic and cultural taste pref- ‘‘(i) urban, suburban, and rural schools; physical education, health education, and erences; and after school programs, including athletics; ‘‘(vi) linking meals programs to nutrition ‘‘(ii) schools with varying family income ‘‘(v) involve parents, nutrition profes- education activities; levels; sionals, food service staff, educators, com- ‘‘(vii) successfully involving parents, ‘‘(B) consider factors that affect need, in- munity leaders, and other interested parties school administrators, the private sector, cluding local educational agencies with sig- in assessing the food options in the school public health agencies, nonprofit organiza- nificant minority or low-income student populations; and environment and developing and imple- tions, and other community partners; ‘‘(C) establish a process that allows the menting an action plan to promote a bal- ‘‘(viii) ensuring the adequacy of time to Secretary to conduct an evaluation of how anced and healthy diet; eat during school meal periods; and funds were used. ‘‘(vi) provide nutrient content or nutrition ‘‘(ix) successfully generating revenue information on meals served through the through the sale of food items, while pro- ‘‘(3) REQUIREMENT FOR PARTICIPATION.—To be eligible to receive assistance under this school lunch program established under the viding healthy options to students through subsection, a local educational agency shall, Richard B. Russell National School Lunch vending, student stores, and other venues. in consultation with individuals who possess Act (42 U.S.C. 1751 et seq.) and the school ‘‘(2) REPORT.—Not later than 3 years after education or experience appropriate for rep- breakfast program established by section 4 of funds are made available to carry out this resenting the general field of public health, this Act and items sold a la carte during subsection, the Secretary shall submit to the including nutrition and fitness professionals, meal times; Committee on Education and the Workforce submit to the Secretary an application that ‘‘(vii) encourage the increased consump- of the House of Representatives, the Com- shall include— tion of a variety of healthy foods, including mittee on Health, Education, Labor, and ‘‘(A) a description of the need of the local fruits, vegetables, whole grains, and low-fat Pensions and the Committee on Agriculture, educational agency for a nutrition and phys- dairy products, through new initiatives to Nutrition, and Forestry of the Senate a re- ical activity program, including an assess- creatively market healthful foods, such as port describing the findings of the inde- ment of the nutritional environment of the salad bars and fruit bars; pendent evaluation. school; ‘‘(viii) offer healthy food choices outside ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) a description of how the proposed program meals, including by making low-fat There are authorized to be appropriated such project will improve health and nutrition and nutrient dense options available in vend- sums as are necessary to carry out this sec- through education and increased access to ing machines, school stores, and other tion.’’. physical activity; venues; and (b) CONFORMING AMENDMENT.—Section ‘‘(C) a description of how the proposed ‘‘(ix) provide nutrition education, includ- 21(c)(2)(E) of the Richard B. Russell National project will be aligned with the local ing sports nutrition education, for teachers, School Lunch Act (42 U.S.C. 1769b–1(c)(2)(E)) wellness policy required under section 204 of coaches, food service staff, athletic trainers, is amended by striking ‘‘, including’’ and all the Child Nutrition and WIC Reauthorization and school nurses. that follows through ‘‘1966’’. Act of 2004; ‘‘(6) REPORT.—Not later than 18 months SEC. 206. REVIEW OF BEST PRACTICES IN THE ‘‘(D) a description of how funds under this after completion of the projects and evalua- BREAKFAST PROGRAM. subsection will be coordinated with other tions under this subsection, the Secretary (a) REVIEW.— programs under this Act, the Richard B. Rus- shall— (1) IN GENERAL.—Subject to the avail- sell National School Lunch Act (42 U.S.C. ‘‘(A) submit to the Committee on Edu- ability of funds under subsection (c), the Sec- 1751 et seq.), or other Acts, as appropriate, to cation and the Workforce of the House of retary of Agriculture shall enter into an improve student health and nutrition; Representatives and the Committee on agreement with a research organization to ‘‘(E) a statement of the measurable goals Health, Education, Labor, and Pensions and collect and disseminate a review of best of the local educational agency for nutrition the Committee on Agriculture, Nutrition practices to assist school food authorities in and physical education programs and pro- and Forestry of the Senate a report describ- addressing existing impediments at the motion; ing the results of the evaluation under this State and local level that hinder the growth ‘‘(F) a description of the procedures the subsection; and of the school breakfast program under sec- agency will use to assess and publicly report ‘‘(B) make the report available to the pub- tion 4 of the Child Nutrition Act of 1966 (42 progress toward meeting those goals; and lic, including through the Internet. U.S.C. 1773). ‘‘(G) a description of how communications ‘‘(i) NUTRITION EDUCATION SUPPORT.—In (2) RECOMMENDATIONS.—The review shall to parents and guardians of participating carrying out the purpose of this section to describe model breakfast programs and offer students regarding the activities under this support nutrition education, the Secretary recommendations for schools to overcome subsection shall be in an understandable and may provide for technical assistance and obstacles, including— uniform format, and, to the extent maximum grants to improve the quality of school (A) the length of the school day; practicable, in a language that parents can meals and access to local foods in schools (B) bus schedules; and understand. and institutions. (C) potential increases in costs at the ‘‘(4) DURATION.—Subject to the availability ‘‘(j) LIMITATION.—Material prepared under State and local level. of funds made available to carry out this this section regarding agricultural commod- (b) DISSEMINATION.—Not later than 1 year subsection, a local educational agency re- ities, food, or beverages, must be factual and after the date of enactment of this Act, the ceiving assistance under this subsection without bias. Secretary shall—

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.044 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7265 (1) make the review required under sub- tions to implement the amendments de- interest to move this important De- section (a) available to school food authori- scribed in subsection (a). partment of Defense authorization bill ties via the Internet, including recommenda- (c) REGULATIONS.—Not later than 2 years forward. tions to improve participation in the school after the date of enactment of this Act, the Mr. WARNER. If the Senator would breakfast program; and Secretary shall promulgate final regulations (2) transmit to Committee on Education to implement the amendments described in withhold. and the Workforce of the House of Rep- subsection (a). Mr. FEINGOLD. I yield to the Sen- resentatives and the Committee on Agri- SEC. 502. EFFECTIVE DATES. ator. culture, Nutrition, and Forestry of the Sen- (a) IN GENERAL.—Except as otherwise pro- AMENDMENT NO. 3475 TO AMENDMENT NO. 3400 ate a copy of the review. vided in this Act, this Act and the amend- (Purpose: To enable military family mem- (c) AUTHORIZATION OF APPROPRIATIONS.— ments made by this Act take effect on the bers to take time off to attend to deploy- There are authorized to be appropriated such date of enactment of this Act. ment-related business, tasks, and other fam- sums as are necessary to carry out this sec- (b) SPECIAL EFFECTIVE DATES.— ily issues.) tion. (1) JULY 1, 2004.—The amendments made by Mr. WARNER. There is at the desk a TITLE III—COMMODITY DISTRIBUTION sections 106, 107, 126(c), and 201 take effect on PROGRAMS July 1, 2004. second-degree amendment which I submit on behalf of Senator GREGG and SEC. 301. COMMODITY DISTRIBUTION PRO- (2) OCTOBER 1, 2004.—The amendments made GRAMS. by sections 119(c), 119(g), 202(a), 203(a), 203(b), myself. Section 15 of the Commodity Distribution 203(c)(1), 203(c)(5), 203(e)(5), 203(e)(8), The PRESIDING OFFICER. The Reform Act and WIC Amendments of 1987 (7 203(e)(10), 203(e)(13), 203(f), 203(h)(1), and clerk will report the amendment. U.S.C. 612c note; Public Law 100–237) is 203(h)(2) take effect on October 1, 2004. The legislative clerk read as follows: amended by striking subsection (e). (3) JANUARY 1, 2005.—The amendments made The Senator from Virginia [Mr. WARNER], TITLE IV—MISCELLANEOUS by sections 116(f)(1) and 116(f)(3) take effect for Mr. GREGG, for himself and Mr. WARNER, SEC. 401. SENSE OF CONGRESS REGARDING EF- on January 1, 2005. proposes an amendment 3475 to amendment FORTS TO PREVENT AND REDUCE (4) JULY 1, 2005.—The amendments made by 3400. CHILDHOOD OBESITY. sections 102, 104, 105, 111, and 126(b) take ef- (a) FINDINGS.—Congress finds that— fect on July 1, 2005. (The amendment is printed in today’s (1) childhood obesity in the United States (5) OCTOBER 1, 2005.—The amendments made RECORD under ‘‘Text of Amendments.’’) has reached critical proportions; by sections 116(d) and 203(e)(9) take effect on Mr. GREGG. Mr. President, Senator (2) childhood obesity is associated with nu- October 1, 2005. FEINGOLD has offered an amendment merous health risks and the incidence of Mr. CRAPO. Mr. President, I suggest intended to help military families who chronic disease later in life; the absence of a quorum. have a family member activated in (3) the prevention of obesity among chil- The PRESIDING OFFICER. The support of a contingency operation. dren yields significant benefits in terms of clerk will call the roll. First of all, I make it clear that all of preventing disease and the health care costs The bill clerk proceeded to call the associated with such diseases; us want to assist families placed in the (4) further scientific and medical data on roll. difficult position of operating with one the prevalence of childhood obesity is nec- Mr. WARNER. Mr. President, I ask family member called to duty. essary in order to inform efforts to fight unanimous consent that the order for That is why the underlying bill con- childhood obesity; and the quorum call be rescinded. tains provisions such as permanently (5) the State of Arkansas— The PRESIDING OFFICER. Without increasing the Family Separation Al- (A) is the first State in the United States objection, it is so ordered. lowance, FSA, payable to deployed to have a comprehensive statewide initiative f servicemen and women with depend- to combat and prevent childhood obesity ents up to $250 a month. by— NATIONAL DEFENSE AUTHORIZA- (i) annually measuring the body mass TION ACT FOR FISCAL YEAR But the proposal made by Senator index of public school children in the State 2005—Continued FEINGOLD to expand the Family Med- from kindergarten through 12th grade; and ical Leave Act is not the right ap- (ii) providing that information to the par- Mr. WARNER. In consultation with proach. I rise to offer an alternative ents of each child with associated informa- the majority leader, the distinguished proposal as a second-degree amend- tion about the health implications of the Democratic leader, and the Democratic ment. The amendment I am offering body mass index of the child; whip, Senator LEVIN and I have worked today presents military families a (B) maintains, analyzes, and reports on an- out a series of steps we are going to much better method for obtaining the nual and longitudinal body mass index data begin to take in seriatim at this time. flexibility they may need to prepare for the public school children in the State; The first step is that I yield the floor and for activation and to keep the family (C) develops and implements appropriate such that the Chair can recognize the running while a family member is interventions at the community and school Senator from Wisconsin. called to duty. level to address obesity, the risk of obesity, The PRESIDING OFFICER. The Sen- The Feingold amendment would offer and the condition of being overweight, in- ator from Wisconsin. some employees unpaid leave. My cluding efforts to encourage healthy eating AMENDMENT NO. 3400 amendment will offer paid leave. While habits and increased physical activity. Mr. FEINGOLD. I ask for regular the Feingold amendment applies only (b) SENSE OF CONGRESS.—It is the sense of Congress that— order with regard to amendment No. to those military family members that (1) the State of Arkansas, in partnership 3400. work for employers with 50 or more with the University of Arkansas for Medical The PRESIDING OFFICER. The employees, and offers no assistance at Sciences and the Arkansas Center for Health amendment is now pending. all to individuals who work for smaller Improvement, should be commended for its Mr. FEINGOLD. Mr. President, I un- employers, my amendment will apply leadership in combating childhood obesity; derstand there will be a second-degree to all military family employees sub- and amendment offered to my amendment ject to the Fair Labor Standards Act. (2) the efforts of the State of Arkansas to which is to bring a small measure of re- implement a statewide initiative to combat The Feingold amendment will also and prevent childhood obesity are exemplary lief to military families by allowing create uncertainty and animosity in and could serve as a model for States across the FMLA-eligible family members of the workplace by giving employees the the United States. deployed personnel to be able to use vaguely defined right to take intermit- TITLE V—IMPLEMENTATION the FMLA benefits for issues directly tent leave with minimal notice for any SEC. 501. GUIDANCE AND REGULATIONS. related to or resulting from their loved ‘‘issue relating to ‘‘the family mem- (a) GUIDANCE.—As soon as practicable after one’s deployment. This has been ac- ber’s service’’—a phrase which can be the date of enactment of this Act, the Sec- cepted by the body previously and put interpreted to cover just about any ac- retary of Agriculture shall issue guidance to into other legislation. It was certainly tivity. implement the amendments made by sec- my hope that we would be able to move My amendment, on the other hand tions 102, 103, 104, 105, 106, 107, 111, 116, 119(c), forward with this. It is something our offers a clear method for earning and 119(g), 120, 126(b), 126(c), 201, 203(a)(3), 203(b), military families desperately need. 203(c)(5), 203(e)(3), 203(e)(4), 203(e)(5), 203(e)(6), using paid leave time. 203(e)(7), 203(e)(10), and 203(h)(1). However, it is my understanding that The Feingold amendment is a man- (b) INTERIM FINAL REGULATIONS.—The Sec- this second-degree amendment would date in search of a problem—no need retary may promulgate interim final regula- require protracted debate. It is in our has been demonstrated for it and in

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.044 S23PT1 S7266 CONGRESSIONAL RECORD — SENATE June 23, 2004 fact, in a recent survey of activated Republicans took away overtime pro- spector general and disrupt this impor- Armed Service members’ spouses, 80 tections from millions of Americans. tant work, reducing Congress’s ability percent stated that their employers Now, they want to give employers addi- to account for these funds. It is were supportive of their need to com- tional power to decide how workers are unlocking the vault to those who want plete pre-activation tasks. to be compensated for their overtime to cheat us. In light of this existing support by work. The State Department also has told employers, my amendment creates a The Fair Labor Standards Act, the Appropriations Committee that it voluntary system of adding flextime to FLSA, currently requires employers to will have to create 25 new positions to the work schedule. Therefore, employ- pay workers time-and-a-half for hours handle the work in Iraq. ers who already have programs in place worked in excess of 40 per week. When Let me get this straight. We want to to accommodate military families will workers put in overtime hours now, close down an IG that has about 60 peo- have the option of maintaining those they have a right to time and half pay, ple in place, which are actively con- programs or adopting a flextime initia- and they have total control over how ducting audits and rooting out waste, tive, they will not be forced to add an- or when to use that pay. fraud, and abuse. other complicated layer onto the al- The Gregg amendment would allow After the administration is finished ready confusing Family and Medical employers to pay workers nothing for closing down that office, they will turn Leave law. overtime work at the time the work is around and hire 25 new people to do the I also point out that the Feingold performed, in exchange for a promise of same work—only through at a lower amendment has never been the subject a new schedule. Under current law, em- level office at the State Department. of a single House or Senate hearing. I ployers are free to offer more flexible Why on Earth would we want to do am sure that many of my colleagues, schedules. The only difference is that this? At a time when we are hearing like me, have heard from businesses they have to pay workers for their weekly reports of abuse by Halliburton concerned about the difficulties they overtime hours. and others, why would we want to reinvent the wheel? Why would we down- will face in interpreting and imple- For those who work overtime, over- grade the status of the CPA–IG and un- menting the Feingold amendment. time pay constitutes 25 percent of their Flextime proposals, however, have pay. Middle class families, already dermine its independence? It just does been vetted in no fewer than 8 hearings squeezed in today’s economy, rely on not make any sense. This is why the amendment offered in the Senate and the U.S. House of these added earnings for their chil- by the Senator from Wisconsin is so Representatives. There is also concerns dren’s college tuition, their own retire- important. that the Feingold amendment may ment, or even to meet their monthly bills. In fact, millions of workers de- This is why I support his amendment. threaten the operation of military Last year Senator FEINGOLD and I of- bases. According to the Department of pend on cash overtime to make ends meet and pay their housing, food and fered an amendment to the supple- Defense. ‘‘If a major military unit were mental bill for Iraq and Afghanistan deployed from a single base, this policy healthcare bills. The Gregg proposal has insufficient that established an inspector general could effectively shut down the instal- enforcement provisions to ensure that for the Coalition Provisional Authority lation depending upon the number of employees will not be forced to change so that there would be one auditing family member employees covered.’’ their schedules instead of getting over- body completely focused on ensuring My amendment would not present time pay. This will mean a pay cut for taxpayer dollars are spent wisely and such a threat to military installations millions of Americans. Workers de- efficiently, and that this effort is free because it does not apply to public em- serve a pay raise, not a pay cut. of waste, fraud, and abuse. ployees. Mr. LEAHY. Mr. President, I rise Today the CPA, as we all know, is Finally, Mr. President, I recognize today to express my strong support for phasing out, but the reconstruction ef- that all of us want to do what we can the amendment offered by Senator fort has only just begun. According to to ease the burden on families who FEINGOLD. the Congressional Research Service, as have a family member—be it a spouse, Senator FEINGOLD’s amendment, of May 18, only $4.2 billion of the $18.4 parent or child—serving to protect our which I am proud to cosponsor, would billion Congress appropriated for re- nation. The sacrifice they are willing allow the work of the Inspector Gen- construction in November had even to make is nothing short of remark- eral of the Coalition Provisional Au- been obligated. This amendment would able. I believe the approach I am offer- thority, CPA–IG, to continue its work ensure that the inspector general’s of- ing here today is the best way to help uninterrupted after the June 30 fice can continue its important work these families. I urge my colleagues to handover. even after June 30 rather than being support my amendment. This is critical. Congress provided compelled to start wrapping up and Mr. KENNEDY. Mr. President, the more than $18 billion to rebuild Iraq, shutting down while so much impor- Feingold amendment builds on a time roughly the same amount that we tant work remains to be done. tested law, the Family Medical Leave spend on the rest of the world com- It renames the Office of the CPA IG, Act, to allow family members flexi- bined. Congress jammed through the changing it to Special Inspector Gen- bility to prepare to send their loved Iraq supplemental appropriations bill eral for Iraq Reconstruction. The ones to Iraq, Afghanistan, and else- in an extremely short time, without a amendment establishes that this in- where abroad to fight on behalf of their sufficient number of hearings, into a spector general shall continue oper- Nation. The Family Medical Leave Act very chaotic environment without the ating until the lion’s share of the has helped more than 35 million Ameri- usual financial controls. money Congress has appropriated to cans over the last 10 years. It will help Recognizing this reality, Congress date for the Iraq relief and reconstruc- even more under the Feingold amend- created a strong, independent inspector tion fund has been obligated. ment. The amendment will allow fam- general to help police these funds. American taxpayers have been asked ily members to take the time off they In the months that followed passage to shoulder a tremendous burden when need to meet child care needs, care for of the Iraq supplemental, we heard nu- it comes to the reconstruction of Iraq. elderly parents, and otherwise balance merous reports of waste, fraud, and Over 20 billion taxpayer dollars have their family responsibilities as their abuse. If anything, this should have been appropriated for the Iraq relief loved ones prepare for active duty. sent a clear signal to the administra- and reconstruction fund. That is more The reason this laudable Feingold tion and Congress that we need more— than the entire fiscal year 2004 Foreign amendment is being withdrawn is be- not less—oversight of these funds. Operations annual appropriation. It is cause our colleagues on the other side It defies logic then that the State De- more than the entire fiscal year 2004 of the aisle want to give our military partment is now proposing to weaken Foreign Operations annual appropria- families a pay cut. the one entity that Congress specifi- tion. This is a tremendous sum to de- Corporate profits are growing, while cally tasked with keeping track of vote to one country. worker wages are not. Yet Republicans these tax dollars. We all agreed last year that it re- keep trying to implement more poli- The State Department’s plan could quired an entity on the ground, exclu- cies that are bad for workers. First, undermine the independence of this in- sively focused on this effort, to ensure

VerDate jul 14 2003 04:07 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.027 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7267 adequate funding and oversight. We ation, we have to do the same thing. for his cooperation and for his support agreed that we need a qualified, inde- We must demand the same in Iraq. on this important amendment, which I pendent watchdog with all the powers To date, the Inspector General for understand will be accepted. This and the authorities that accrue to in- the Coalition Provisional Authority amendment allows the important work spectors general under the Inspector has made important progress, and has of the Inspector General of the CPA in General Act of 1978. We agreed that some 30 active investigations and 19 Iraq to continue after the June 30 tran- business as usual whereby individual audits underway. A whistleblower hot- sition. agency IG’s attempt to oversee this line established by the inspector gen- We are talking here about $20 billion mammoth effort in addition to every- eral has received hundreds of calls. of American taxpayers’ dollars. Only thing else the agency does it simply This is clearly not the time to pull the about $4.5 billion has already been con- not appropriate in this case. plug on his important effort. tracted for. So the remainder is still There is nothing ordinary about the I urge my colleagues to support this going to be expended. There are a great nature of the U.S. taxpayer investment amendment. This is the critical point: deal of audits and other efforts being in Iraq. Ordinary measures will not suf- To oppose this amendment is to vote made on the ground. That should con- fice. for less oversight of the reconstruction tinue. This has to do with protecting This amendment modifies the legisla- effort in Iraq than we have today. It is the American taxpayers. tion creating this IG to ensure that it a step backward if we don’t. We cannot I am delighted both the chairman does not disappear along with the CPA, abdicate our oversight responsibility. and ranking member have expressed but instead continues to operate until The stakes are far too high for that. support for this amendment. I am con- the amount of reconstruction spending fident, with their assurances, that this in Iraq more closely resembles other AMENDMENT NO. 3400 WITHDRAWN Mr. FEINGOLD. In light of the offer- amendment will make it all the way large bilateral foreign assistance pro- through the process and become the grams, which are overseen by existing ing of the second-degree amendment, I am about to ask unanimous consent to law of the land so this fine work of this agency inspectors general. Specifically, inspector general can continue. to phases out the special IG after 80 withdraw my amendment, but I first indicate how important it is we provide The PRESIDING OFFICER. The Sen- percent of the Iraq Relief and Recon- ator from Virginia. struction Fund appropriated to date is this FMLA benefit to these families. Obviously, this issue will return, but in Mr. WARNER. Mr. President, the obligated. If that fund grows substan- matter has been discussed between my- tially in the next calendar, then Con- the spirit of trying to resolve this issue self, Senator LEVIN, Senator HARRY gress can consider the wisdom of ad- and move the bill forward, I now ask unanimous consent to withdraw my REID, and the distinguished Senator justing this mandate accordingly. from Wisconsin. The concept of the in- Let there be no confusion, this in- amendment No. 3400. spector general is a proven concept. It spector general is only tasked with Mr. WARNER. No objection. is a valuable concept in the adminis- overseeing how U.S. taxpayer dollars The PRESIDING OFFICER. The tration of our expenditures to have ac- are spent. It does not have a mandate amendment is withdrawn. countability. to oversee Iraqi resources. That is not AMENDMENT NO. 3475 WITHDRAWN We shall work on it to see that from what this is about. So there is nothing Mr. WARNER. And the second-degree that conference evolves, hopefully, an at all in continuing this operation that amendment likewise is withdrawn. amendment that is a part of the statis inconsistent with the transfer of sov- The PRESIDING OFFICER. Without ereignty on June 30. ute to be incorporated eventually from objection, it is so ordered. the conference report that reflects the Because the Department of Defense The Senator from Nevada. goals the Senator has set out. That is has responsibility for what is hap- Mr. REID. Before the Senator from correct. pening to some reconstruction dollars Wisconsin leaves the Senate, I want and the Department of State will have Mr. FEINGOLD. Mr. President, as to the record to indicate he has worked the amendment as we have crafted it, responsibility going forward, it makes hard on issues relating to veterans. good sense to have a focused IG on the which was carefully and specifically This is no exception. crafted, I take the chairman’s com- ground who is able to see the entire I know the Senator, when he travels picture at once—not being completely ment to indicate the approach we have home to Wisconsin, will meet with taken in the Senate is the approach he required to just focus on the State De- American Legion, Veterans of Foreign partment position or just focus on the will be advocating in conference. Wars, and other such assembled groups. The PRESIDING OFFICER. The Sen- Department of Defense portion. This By looking at this record, they should amendment is in no way hostile to the ator from Michigan. understand what the Senator from Wis- Mr. LEVIN. Mr. President, I thank reconstruction effort. This amendment consin has tried to do for the veterans is about trying to get it right. and congratulate the Senator from of this country. I applaud and com- Wisconsin for this amendment. He has Suggesting that a special inspector mend the Senator from Wisconsin for general’s office continues to be in order been an absolute bulldog when it comes his tenacity. And he will be back, in Iraq is hardly revolutionary. As I to protecting taxpayers’ dollars, just as knowing the Senator from Wisconsin, have mentioned, the reconstruction he has been a fighter for veterans, as in to fight another day. budget for Iraq is bigger than the en- his previous discussion. The PRESIDING OFFICER. The Sen- tire fiscal year 2004 Foreign Operations I want to tell him I know we will be ator from Wisconsin. Appropriations bill. Yet five different fighting with all of our energy in con- inspectors general—at USAID, at the AMENDMENT NO. 3288 ference to retain this provision. It is State Department, at the Defense De- Mr. FEINGOLD. Mr. President, I now vitally important there be this kind of partment, at the Treasury, and at the ask for the regular order with regard to an inspector general review and an in- Export-Import Bank—are charged with amendment No. 3288. spector general who has the kind of overseeing portions of that account. In The PRESIDING OFFICER. The independent power the Senator from fact, currently some 41 Federal estab- amendment is pending. Wisconsin has always fought for. We lishments and designated Federal enti- Mr. FEINGOLD. Mr. President, for intend to do exactly that, to carry out, ties with annual budgets less than $21 this amendment, which I offered ear- to wage his battle in conference to re- billion have their own, independent, lier and had the yeas and nays ordered tain this provision. statutorily mandated inspector gen- on, I now ask unanimous consent that Mr. WARNER. Mr. President, I join eral, from the Railroad Retirement the yeas and nays be vitiated. in thanking the Senator for his co- Board to the Smithsonian Institution. The PRESIDING OFFICER. Is there operation. We ask for focused accountability when objection? I draw the attention of the ranking taxpayer dollars are a stake in these Mr. WARNER. No objection. member to suggest at this point in situations. We must demand the same The PRESIDING OFFICER. Without time we clear a package of managers’ in Iraq. objection, it is so ordered. amendments. Obviously, when you are talking Mr. FEINGOLD. Mr. President, I Mr. LEVIN. We need to pass this about $20 billion just for this Iraq situ- thank the chairman of the committee amendment first.

VerDate jul 14 2003 04:17 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.033 S23PT1 S7268 CONGRESSIONAL RECORD — SENATE June 23, 2004 Mr. WARNER. Yes, please. topics including WMD proliferation. Senators LANDRIEU, SNOWE, ENSIGN, The PRESIDING OFFICER. The The Administration disputes this and MIKULSKI. Feingold amendment is still the pend- claim. Again, we need to get to the The PRESIDING OFFICER. Is there ing question. botton of this. objection to the modification? Mr. FEINGOLD. Mr. President, I urge I could go on and on. However, in the Mr. WARNER. Mr. President, there is that the amendment be adopted. interests of time, I will simply say that no objection. The matter has been The PRESIDING OFFICER. Without there are many, serious unanswered carefully worked through the course of objection, it is so ordered. questions about the INC’s activities. the evening, and it is ready for action The amendment (No. 3288) was agreed What was the INC doing with U.S. by the Chair. to. taxpayer dollars? What was going on in The PRESIDING OFFICER. Without Mr. WARNER. I move to reconsider the Tehran office? Did the Information objection, the amendment is modified. the vote. Collection Program contribute to in- The amendment (No. 3315), as modi- Mr. LEVIN. I move to lay that mo- fied, is as follows: telligence failures in Iraq? Were the On page 130, after line 9, insert the fol- tion on the table. broadcasting programs at all effective lowing: The motion to lay on the table was in gathering support for U.S. efforts in SEC. 642. FULL SBP SURVIVOR BENEFITS FOR agreed to. Iraq? SURVIVING SPOUSES OVER AGE 62. Mr. LEAHY. Mr. President, I rise To be sure, there have been a few in- (a) PHASED INCREASE IN BASIC ANNUITY.— today to speak about a very simple vestigations into INC. However, these (1) INCREASE TO 55 PERCENT.—Subsection amendment that everyone should sup- have been incomplete, offering only a (a)(1)(B)(i) of section 1451 of title 10, United port. This amendment requires the In- States Code, is amended by striking ‘‘35 per- glimpse of what occurred. cent of the base amount.’’ and inserting ‘‘the spector General of the Department of A few years ago, the State Depart- product of the base amount and the percent Defense (DOD–IG), in consultation with ment Inspector General issued two re- applicable for the month. The percent appli- the Inspectors General of the State De- ports on the INC. But these reports cable for a month is 35 percent for months partment and the CIA, to conduct a only covered $4.3 million and examined beginning before October 2005, 40 percent for comprehensive investigation into the only the Washington and London Of- months beginning after September 2005 and programs and activities of the Iraqi fices. The State Department IG in- before October 2008, 45 percent for months National Congress. formed my office yesterday that these beginning after September 2008, and 55 per- Over the last 10 years, we have seen cent for months beginning after September are the only two audits they conducted 2014.’’. funds from the U.S. Government spent and have no plans to conduct audits on (2) RESERVE-COMPONENT ANNUITY.—Sub- in highly questionable, if not fraudu- this issue. section (a)(2)(B)(i)(I) of such section is lent ways, including money spent on A GAO report, published earlier this amended by striking ‘‘35 percent’’ and insert- oil paintings and health club member- year, summarized the different grant ing ‘‘the percent specified under paragraph ships. agreements that the State Department (1)(B)(i) as being applicable for the month’’. But this is only the tip of the ice- entered into with the INC, but this re- (3) SPECIAL-ELIGIBILITY ANNUITY.—Sub- berg. A number of serious questions re- section (c)(1)(B)(i) of such section is amend- port did not attempt to answer the ed— main unanswered concerning the INC. myriad questions that remain about (A) by striking ‘‘35 percent’’ and inserting Here are a couple of examples: the INC. ‘‘the applicable percent’’; and First, the INC spent millions in set- Another GAO report is underway, but (B) by adding at the end the following: ting up offices around the world, in- this looks only at the narrow question ‘‘The percent applicable for a month under cluding London, Prague, Damacus, and of whether the INC violated U.S. laws the preceding sentence is the percent speci- Tehran. The State Department’s inter- concerning the use of taxpayer funds to fied under subsection (a)(1)(B)(i) as being ap- nal documents indicated that they pay for public propaganda. plicable for the month.’’. really had no idea of what was hap- (4) CONFORMING AMENDMENT.—The heading Finally, according to press reports, for subsection (d)(2)(A) of such section is pening in some of these offices—espe- the Intelligence Committee is looking amended to read as follows: ‘‘COMPUTATION cially Tehran. In light of the recent to a few issues related to the INC. OF ANNUITY.—’’. press reports about INC intelligence My amendment is consistent with (b) PHASED ELIMINATION OF SUPPLEMENTAL sharing with Iran, I think the DOD–IG these investigations. The DOD–IG does ANNUITY.— should take a look at this issue and see not have to reinvent the wheel. It can (1) DECREASING PERCENTAGES.—Section what was happening in the Tehran of- build off this existing body of work to 1457(b) of title 10, United States Code, is fice. We need to get to the bottom of answer questions that will remain long amended— (A) by striking ‘‘5, 10, 15, or 20 percent’’ and this. after these investigation have been inserting ‘‘the applicable percent’’; and Second, the INC spent millions to set completed. (B) by inserting after the first sentence the up radio and television broadcasting Mr. President, my amendment is following: ‘‘The percent used for the com- inside Iraq. The radio program seemed about transparency. My amendment is putation shall be an even multiple of 5 per- redundant as the U.S. Government was, about accountability. My amendment cent and, whatever the percent specified in at the time, funding Radio Free Iraq. A is about getting to the bottom of one of the election, may not exceed 20 percent for New York Times article questioned the the most mismanaged programs in re- months beginning before October 2005, 15 per- effectiveness of the TV broadcasting cent history. cent for months beginning after September Most importantly, my amendment is 2005 and before October 2008, and 10 percent program. Kurdish officials indicated for months beginning after September 2008.’’. that, despite repeated attempts, they about learning from our mistakes so (2) REPEAL OF PROGRAM IN 2014.—Effective could never pickup the INC’s TV broad- we do not repeat them in the future. I on October 1, 2014, chapter 73 of such title is cast inside Iraq. This, again, raises urge my colleague to support my amended— questions about how this money is amendment. (A) by striking subchapter III; and being spent. The IG should examine The PRESIDING OFFICER. The Sen- (B) by striking the item relating to sub- this issue. We need to get to the bot- ator from Nevada. chapter III in the table of subchapters at the beginning of that chapter. tom of this. AMENDMENT NO. 3315, AS MODIFIED (c) RECOMPUTATION OF ANNUITIES.— Third the INC’s Informaiton Collec- Mr. REID. Mr. President, there is an (1) REQUIREMENT FOR RECOMPUTATION.—Ef- tion Program—funded initially by the amendment pending by Senator fective on the first day of each month re- State Department and later by the De- LANDRIEU; is that true? ferred to in paragraph (2)— fense Department—continues to be a The PRESIDING OFFICER. That is (A) each annuity under section 1450 of title source of controversy and mystery. I correct. 10, United States Code, that commenced be- have a memo here, written by the INC Mr. REID. The number of that fore that month, is computed under a provi- to Appropriations Committee staff, de- amendment? sion of section 1451 of that title amended by tailing the INC’s Information Collec- The PRESIDING OFFICER. Amend- subsection (a), and is payable for that month shall be recomputed so as to be equal to the tion Program. In this memo, the INC ment No. 3315. amount that would be in effect if the percent claims to have written numerous re- Mr. REID. Mr. President, I ask unan- applicable for that month under that provi- ports to senior Administration offi- imous consent that there be a modi- sion, as so amended, had been used for the cials, who are listed in this memo, on fication to the amendment offered by initial computation of the annuity; and

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(B) each supplemental survivor annuity (c) ELECTION FOR CURRENT SBP PARTICI- miums which a person electing under this under section 1457 of such title that com- PANTS TO PARTICIPATE IN SUPPLEMENTAL section shall be required to pay for partici- menced before that month and is payable for SBP.— pating in the Survivor Benefit Plan pursuant that month shall be recomputed so as to be (1) ELECTION.—A person who is eligible to to the election. The total amount of the pre- equal to the amount that would be in effect make an election under this paragraph may miums to be paid by a person under the regu- if the percent applicable for that month elect during the open enrollment period to lations shall be equal to the sum of— under that section, as amended by this sec- participate in the Supplemental Survivor (i) the total amount by which the retired tion, had been used for the initial computa- Benefit Plan established under subchapter pay of the person would have been reduced tion of the supplemental survivor annuity. III of chapter 73 of title 10, United States before the effective date of the election if the (2) TIMES FOR RECOMPUTATION.—The re- Code. person had elected to participate in the Sur- quirements for recomputation of annuities (2) PERSONS ELIGIBLE.—Except as provided vivor Benefit Plan (for the same base under paragraph (1) apply with respect to the in paragraph (3), a person is eligible to make amount specified in the election) at the first following months: an election under paragraph (1) if on the day opportunity that was afforded the member to (A) October 2005. before the first day of the open enrollment participate under chapter 73 of title 10, (B) October 2008. period the person is a participant in the Sur- United States Code; (C) October 2014. vivor Benefit Plan at the maximum level, or (ii) interest on the amounts by which the (d) RECOMPUTATION OF RETIRED PAY REDUC- during the open enrollment period the person retired pay of the person would have been so TIONS FOR SUPPLEMENTAL SURVIVOR ANNU- increases the level of such participation to reduced, computed from the dates on which ITIES.—The Secretary of Defense shall take the maximum level under subsection (b) of the retired pay would have been so reduced such actions as are necessitated by the this section, and under that Plan is pro- at such rate or rates and according to such amendments made by subsection (b) and the viding annuity coverage for the person’s methodology as the Secretary of Defense de- requirements of subsection (c)(1)(B) to en- spouse or a former spouse. termines reasonable; and sure that the reductions in retired pay under (3) LIMITATION ON ELIGIBILITY FOR CERTAIN (iii) any additional amount that the Sec- section 1460 of title 10, United States Code, SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER retary determines necessary to protect the are adjusted to achieve the objectives set ANNUITY COMPUTATION.—A person is not eligi- actuarial soundness of the Department of forth in subsection (b) of that section. ble to make an election under paragraph (1) Defense Military Retirement Fund against SEC. 643. OPEN ENROLLMENT PERIOD FOR SUR- if (as determined by the Secretary con- any increased risk for the fund that is asso- VIVOR BENEFIT PLAN COMMENCING cerned) the annuity of a spouse or former ciated with the election. OCTOBER 1, 2005. spouse beneficiary of that person under the (B) Premiums paid under the regulations (a) PERSONS NOT CURRENTLY PARTICIPATING Survivor Benefit Plan is to be computed shall be credited to the Department of De- fense Military Retirement Fund. IN SURVIVOR BENEFIT PLAN.— under section 1451(e) of title 10, United (C) In this paragraph, the term ‘‘Depart- (1) ELECTION OF SBP COVERAGE.—An eligible States Code. However, such a person may ment of Defense Military Retirement Fund’’ retired or former member may elect to par- during the open enrollment period waive the means the Department of Defense Military ticipate in the Survivor Benefit Plan under right to have that annuity computed under Retirement Fund established under section subchapter II of chapter 73 of title 10, United such section 1451(e). Any such election is ir- 1461(a) of title 10, United States Code. States Code, during the open enrollment pe- revocable. A person making such a waiver riod specified in subsection (f). may make an election under paragraph (1) as AMENDMENT NO. 3467 (2) ELECTION OF SUPPLEMENTAL ANNUITY in the case of any other participant in the The PRESIDING OFFICER. The COVERAGE.—An eligible retired or former Survivor Benefit Plan. question is on agreeing to the second- member who elects under paragraph (1) to (d) MANNER OF MAKING ELECTIONS.—An degree amendment, No. 3467, offered by participate in the Survivor Benefit Plan at election under this section shall be made in the Senator from Nevada. the maximum level may also elect during writing, signed by the person making the Mr. WARNER. Mr. President, I urge election, and received by the Secretary con- the open enrollment period to participate in adoption of the second-degree amend- the Supplemental Survivor Benefit Plan es- cerned before the end of the open enrollment period. Any such election shall be made sub- ment. tablished under subchapter III of chapter 73 The PRESIDING OFFICER. Without of title 10, United States Code. ject to the same conditions, and with the same opportunities for designation of bene- objection, it is so ordered. (3) ELIGIBLE RETIRED OR FORMER MEMBER.— The amendment (No. 3467) was agreed For purposes of paragraphs (1) and (2), an eli- ficiaries and specification of base amount, gible retired or former member is a member that apply under the Survivor Benefit Plan to. or former member of the uniformed services or the Supplemental Survivor Benefit Plan, AMENDMENT NO. 3315, AS MODIFIED who on the day before the first day of the as the case may be. A person making an elec- The PRESIDING OFFICER. The open enrollment period is not a participant tion under subsection (a) to provide a re- question now is on agreeing to the in the Survivor Benefit Plan and— serve-component annuity shall make a designation described in section 1448(e) of title first-degree amendment. (A) is entitled to retired pay; or Mr. WARNER. No objection. (B) would be entitled to retired pay under 10, United States Code. (e) EFFECTIVE DATE FOR ELECTIONS.—Any The PRESIDING OFFICER. Without chapter 1223 of title 10, United States Code, such election shall be effective as of the first objection, the first-degree amendment, but for the fact that such member or former day of the first calendar month following the as modified, is agreed to. member is under 60 years of age. month in which the election is received by The amendment (No. 3315) was agreed (4) STATUS UNDER SBP OF PERSONS MAKING the Secretary concerned. to. ELECTIONS.— (f) OPEN ENROLLMENT PERIOD.—The open Mr. REID. I move to reconsider the (A) STANDARD ANNUITY.—A person making enrollment period under this section shall be vote. an election under paragraph (1) by reason of the one-year period beginning on October 1, eligibility under paragraph (3)(A) shall be Mr. LEVIN. I move to lay that mo- 2005. tion on the table. treated for all purposes as providing a stand- (g) EFFECT OF DEATH OF PERSON MAKING ard annuity under the Survivor Benefit Plan. ELECTION WITHIN TWO YEARS OF MAKING The motion to lay on the table was (B) RESERVE-COMPONENT ANNUITY.—A per- ELECTION.—If a person making an election agreed to. son making an election under paragraph (1) under this section dies before the end of the The PRESIDING OFFICER. The Sen- by reason of eligibility under paragraph two-year period beginning on the effective ator from Nevada. (3)(B) shall be treated for all purposes as pro- date of the election, the election is void and Mr. REID. Mr. President, we have viding a reserve-component annuity under the amount of any reduction in retired pay worked with the Senator from Lou- the Survivor Benefit Plan. of the person that is attributable to the elec- isiana for many hours today on this (b) ELECTION TO INCREASE COVERAGE UNDER tion shall be paid in a lump sum to the per- amendment. There was an article writ- SBP.—A person who on the day before the son who would have been the deceased per- first day of the open enrollment period is a ten, and I joke with the Senator from son’s beneficiary under the voided election if Louisiana. She was the feature of a participant in the Survivor Benefit Plan but the deceased person had died after the end of is not participating at the maximum base such two-year period. veterans publication. They had a pic- amount or is providing coverage under the (h) APPLICABILITY OF CERTAIN PROVISIONS ture of her with her sleeves rolled up, Plan for a dependent child and not for the OF LAW.—The provisions of sections 1449, muscles showing: ‘‘Military Mary.’’ person’s spouse or former spouse may, during 1453, and 1454 of title 10, United States Code, MARY LANDRIEU is someone who the open enrollment period, elect to— are applicable to a person making an elec- looks out for the military. And I call (1) participate in the Plan at a higher base tion, and to an election, under this section in her, joke with her, and ask her: How is amount (not in excess of the participant’s re- the same manner as if the election were ‘‘Military Mary’’ doing? She is very tired pay); or made under the Survivor Benefit Plan or the proud of this name she has picked up. (2) provide annuity coverage under the Supplemental Survivor Benefit Plan, as the Plan for the person’s spouse or former spouse case may be. Tonight is an indication of why she de- at a base amount not less than the base (i) ADDITIONAL PREMIUM.—The Secretary of serves that name. She has been out- amount provided for the dependent child. Defense shall prescribe in regulations pre- standing in her advocacy for American

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.026 S23PT1 S7270 CONGRESSIONAL RECORD — SENATE June 23, 2004 veterans. This agreement we have here Snowe amendment because it corrects military retirees generally retire ear- tonight indicates she is not only a good an injustice being visited upon the sur- lier than their federal civilian counter- advocate for the military but a very vivors of our servicemembers killed in parts, and as a result, pay premiums fine Senator. action and military retirees under the for many more years. The PRESIDING OFFICER. The Sen- current military Survivor Benefit This amendment will raise, over a ator from Michigan. Plan, or SBP. 31⁄2-year period, the percentage of the Mr. LEVIN. Mr. President, just one As the program currently operates, retirement annuity received by the word, now that we have adopted the the widows or widowers of those who survivor from 35 percent to 55 percent Landrieu amendment. Chairman WAR- have ‘‘borne the battle’’ receive an an- after age 62. During the first year, fis- NER and I used to have the privilege of nuity equal to 55 percent of the cal year 2005, an open enrollment pe- having Senator LANDRIEU on the servicemember’s retirement pay. That riod will be held to allow new enrollees Armed Services Committee. We saw is, until they turn 62. At that time, to sign up for the program in order to firsthand what a tigress she is and was under current law, a surviving spouse’s reduce retired pay outlays by increas- relative to military matters. She is no SBP benefits must be reduced either by ing deductions of SBP premiums from longer on our committee, and we do a Social Security offset, or a reduction retired pay, thus offsetting part of the miss her, indeed. But she brings and in payments to 35 percent of retired cost of the survivor benefit increase. displays that fervor here on the floor pay—a drop of almost 40 percent—sim- Beginning on Oct. 1, 2005, the age-62 frequently. We thank her for her tenac- ply because they have reached the age SBP annuity would increase to 40 per- ity. Talk about tenacity, she has a full of 62. cent of retired pay, followed by addi- supply of it. We commend and con- For example, let’s take the widow of tional increases to 45 percent on April gratulate her. a Navy chief petty officer or E–7 who 1, 2006, 50 percent on April 1, 2007 and 55 Mr. WARNER. Mr. President, ref- had served 20 years before retiring. Be- percent on April 1, 2008 after which all erence was made to the hard work Sen- fore she reaches 62, this widow will re- survivors would receive the 55 percent ator LANDRIEU performed on this ceive $786 per month, but on her 62nd of the annuity. amendment. Indeed, I was witness to birthday, that benefit drops to only Once again, I ask my colleagues to that. But it did bring back a fond mem- $500 per month—a loss of $2,432 per support our Nation’s military widows ory to me. In the period during the war year. and widowers. In the National Defense in Vietnam, there was a very colorful For a retired O–5, say a Marine Corps Authorization Act of 2001, we included and strong chairman in the House lieutenant colonel, the widow’s benefit a Sense of the Congress on increasing Armed Services Committee named would drop by $6,960 a year as soon as the military SBP annuity. This year, Eddie Hebert from New Orleans, LA, she turns 62. That is quite a birthday we have a chance to carry out this in- and a gentleman who worked very gift. tent by enacting this important meas- closely with him, named Moon But the inequities don’t stop there. ure, and I ask my colleagues to join Landrieu. They were quite a team. For example, the military Survivor with me in support of this legislation. They did a great deal working together Benefit Plan does not measure up to Mr. WARNER. Mr. President, I think for the men and women of the U.S. the federal Survivor Benefit Plan in we are ready to do a package of amend- military. terms of benefits paid to survivors. ments, if I could get the attention of When reference was made to Senator Survivors of federal civilian retirees the ranking member. LANDRIEU’s accomplishments, I am under the original Civil Service Retire- AMENDMENTS NOS. 3414, AS MODIFIED; 3280, AS sure she would agree with me that the ment System receive 55 percent of MODIFIED; 3355, AS MODIFIED; 3220; 3373, AS teachings of her distinguished father their spouse’s retired pay for life—with MODIFIED; 3459, AS MODIFIED; 3311, AS MODI- and the former chairman of the House no drop in benefits at age 62. Under the FIED; 3476; 3477; 3478; 3479; 3480; 3481; 3342, AS Armed Services Committee have vested newer Federal Employee Retirement MODIFIED; 3482; 3483; AND 3484 in her a lot of wisdom about military System, survivors still receive 50 per- Mr. President, I send a series of matters. cent of retired pay for life, again with amendments to the desk which have I also recognize the work done by no drop at age 62. been cleared by myself and the ranking Senators ENSIGN and SNOWE. I have Mr. President, yet another reason member. Therefore, I ask unanimous been working with both of them over a that we should adopt this legislation is consent that the Senate consider those period of time. Senator ENSIGN and that members of the military pay more amendments en bloc, the amendments Senator SNOWE each have put in pre- than their share of Survivor Benefit be agreed to, and the motions to recon- vious pieces of legislation which basi- Plan program costs, as compared to sider be laid upon the table. Finally, I cally covered this same subject. In the their federal civilian counterparts. ask unanimous consent that any state- course of the past 48 hours, those two Originally, the Congress intended the ments relating to any of these indi- Senators have been working in collabo- government to subsidize 40 percent of vidual amendments be printed in the ration with Senator LANDRIEU in an ef- the cost of military Survivor Benefit RECORD. fort to get the Senate to take the ac- Plan premiums—similar to the govern- The PRESIDING OFFICER. Is there tion that we just took on that amendment’s contribution to the federal ci- objection? ment. So I thank the Senator from vilian plan. Over the last several dec- Mr. LEVIN. No objection. Maine and the Senator from Nevada for ades, however, there has been a signifi- The PRESIDING OFFICER. Without their work. cant decline in the government’s cost objection, it is so ordered. As veterans look to the action taken share, and Department of Defense actu- The amendments were agreed to, as by the Senate, they can decide for aries advise that the government sub- follows: themselves on the work done by these sidy is now down to less than 20 per- AMENDMENT NO. 3414, AS MODIFIED Senators, and all Senators, because cent. This means that military retirees At the end of title XI, insert the following: there was a unanimous vote on this are now paying more than 80 percent of SEC. 1107. REPORT ON HOW TO RECRUIT AND RE- TAIN INDIVIDUALS WITH FOREIGN amendment. I think we fulfilled our ob- program costs from their retired pay LANGUAGE SKILLS. ligation to that very important class of versus the intended 60 percent. (a) FINDINGS.—Congress makes the fol- individuals, the veterans; and particu- Contrast this to the federal civilian lowing findings: larly in this case, this provides benefits SBP, which has a 52 percent cost share (1) The Federal Government has a require- for the widows primarily—there are a for those under the Civil Service Re- ment to ensure that the employees of its de- few remaining spouses—but basically tirement System and a 67 percent cost partments and agencies with national secu- the widows who are at a critical time share for those employees, including rity responsibilities are prepared to meet the in their life and there is need for spe- many of our own staff, under the Fed- challenges of this evolving international en- eral Employees Retirement System. vironment. cial consideration as it relates to per- (2) According to a 2002 General Accounting sonal finances. So I thank the Pre- While it is true that there are dif- Office report, Federal agencies have short- siding Officer and I yield the floor. ferences between the civilian and mili- ages in translators and interpreters and an Ms. SNOWE. Mr. President, I rise tary premium costs, with federal civil- overall shortfall in the language proficiency today in support of the Landrieu- ians paying more, it is also true that levels needed to carry out their missions

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which has adversely affected agency oper- covery, excluding any cogeneration process NOLOGY’’ (118 Stat.69), in the account under ations and hindered United States military, for other than a federally owned building or the heading ‘‘INDUSTRIAL TECHNOLOGY SERV- law enforcement, intelligence, counter- buildings or other federally owned facilities; ICES’’, the Secretary of Commerce shall terrorism, and diplomatic efforts. or make all determinations based on the Indus- (3) Foreign language skills and area exper- ‘‘(C) the increased efficient use of existing trial Technology Services funding level of tise are integral to, or directly support, water sources in either interior or exterior $218,782,000 for reprogramming and transfer- every foreign intelligence discipline and are applications.’’. ring of funds for the Manufacturing Exten- essential factors in national security readi- (d) ENERGY SAVINGS CONTRACT.—Section sion Partnership program and shall submit ness, information superiority, and coalition 804(3) of the National Energy Conservation such a reprogramming or transfer, as the peacekeeping or warfighting missions. Policy Act (42 U.S.C. 8287c(3)) is amended to case may be, to the appropriate committees (4) Communicating in languages other than read as follows: within 30 days after the date of the enact- English and understanding and accepting ‘‘(3) The terms ‘energy savings contract’ ment of this Act. cultural and societal differences are vital to and ‘energy savings performance contract’ AMENDMENT NO. 3220 the success of peacetime and wartime mili- mean a contract that provides for the per- (Purpose: To repeal the authority of the Sec- tary and intelligence activities. formance of services for the design, acquisi- retary of Defense to recommend that in- (5) Proficiency levels required for foreign tion, installation, testing, and, where appro- stallations be placed in inactive status as language support to national security func- priate, operation, maintenance, and repair, part of the recommendations of the Sec- tions have been raised, and what was once of an identified energy or water conservation retary during the 2005 round of defense considered proficiency is no longer the case. measure or series of measures at 1 or more base closure and realignment) The ability to comprehend and articulate locations. Such contracts shall, with respect technical and complex information in for- to an agency facility that is a public build- At the end of subtitle B of title XXVIII, eign languages has become critical. ing (as such term is defined in section 3301 of add the following: (6) According to the Joint Intelligence title 40, United States Code), be in compli- SEC. 2814. REPEAL OF AUTHORITY OF SEC- Committee Inquiry into the 9/11 Terrorist ance with the prospectus requirements and RETARY OF DEFENSE TO REC- Attacks, the Intelligence Community had in- procedures of section 3307 of title 40, United OMMEND THAT INSTALLATIONS BE States Code.’’. PLACED IN INACTIVE STATUS DUR- sufficient linguists prior to September 11, ING 2005 ROUND OF DEFENSE BASE 2001, to handle the challenge it faced in (e) ENERGY OR WATER CONSERVATION MEAS- CLOSURE AND REALIGNMENT. translating the volumes of foreign language URE.—Section 804(4) of the National Energy Section 2914 of the Defense Base Closure counterterrorism intelligence it collected. Conservation Policy Act (42 U.S.C. 8287c(4)) and Realignment Act of 1990 (part A of title Agencies within the Intelligence Community is amended to read as follows: XXIX of Public Law 101–510; 10 U.S.C. 2687 experienced backlogs in material awaiting ‘‘(4) The term ‘energy or water conserva- note) is amended by striking subsection (c). translation, a shortage of language special- tion measure’ means— AMENDMENT NO. 3373, AS MODIFIED ists and language-qualified field officers, and ‘‘(A) an energy conservation measure, as a readiness level of only 30 percent in the defined in section 551; or At the end of subtitle C of title III, add the most critical terrorism-related languages ‘‘(B) a water conservation measure that following: that are used by terrorists. improves the efficiency of water use, is life- SEC. 326. REPORT REGARDING ENCROACHMENT (7) Because of this shortage, the Federal cycle cost-effective, and involves water con- ISSUES AFFECTING UTAH TEST AND Government has had to enter into private servation, water recycling or reuse, more ef- TRAINING RANGE, UTAH. contracts to procure linguist and translator ficient treatment of wastewater or (a) REPORT REQUIRED.—(1) The Secretary of services, including in some positions that stormwater, improvements in operation or the Air Force shall prepare a report that would be more appropriately filled by perma- maintenance efficiencies, retrofit activities, outlines current and anticipated encroach- nent Federal employees or members of the or other related activities, not at a Federal ments on the use and utility of the special United States Armed Forces. hydroelectric facility.’’. use airspace of the Utah Test and Training (b) REPORT.—In its fiscal year 2006 budget (f) REVIEW.—Not later than 180 days after Range in the State of Utah, including en- request, the Secretary of Defense shall sub- the date of the enactment of this Act, the croachments brought about through actions mit to the Committees on Armed Services of Secretary of Energy shall complete a review of other Federal agencies. The Secretary the Senate and the House of Representatives of the Energy Savings Performance Contract shall include such recommendations as the and the Select Committee on Intelligence of program to identify statutory, regulatory, Secretary considers appropriate regarding the Senate and the Permanent Select Com- and administrative obstacles that prevent any legislative initiatives necessary to ad- mittee on Intelligence of the House of Rep- Federal agencies from fully utilizing the pro- dress encroachment problems identified by resentatives, a plan for expanding and im- gram. In addition, this review shall identify the Secretary in the report. proving the national security foreign lan- all areas for increasing program flexibility (2) It is the sense of the Senate that such guage workforce of the Department of De- and effectiveness, including audit and meas- recommendations should be carefully consid- fense as appropriate to improve recruitment urement verification requirements, account- ered for future legislative action. and retention to meet the requirements of ing for energy use in determining savings, (b) SUBMISSION OF REPORT.—Not later than the Department for its foreign language contracting requirements, including the one year after the date of the enactment of workforce on a short-term basis and on a identification of additional qualified con- this Act, the Secretary shall submit the re- long-term basis. tractors, and energy efficiency services cov- port to the Committee on Armed Services of the House of Representatives and the Com- AMENDMENT NO. 3280 ered. The Secretary shall report these findings to Congress and shall implement identi- mittee on Armed Services of the Senate. At the appropriate place, insert the fol- fied administrative and regulatory changes (c) PROHIBITION ON GROUND MILITARY OPER- lowing: to increase program flexibility and effective- ATIONS.—Nothing in this section shall be SEC. . ENERGY SAVINGS PERFORMANCE CON- ness to the extent that such changes are con- construed to permit a military operation to TRACTS. sistent with statutory authority. be conducted on the ground in a covered wil- (a) IN GENERAL.—Section 801(c) of the (g) EXTENSION OF AUTHORITY.—Any energy derness study area in the Utah Test and NationalEnergy Conservation Policy Act (42 savings performance contract entered into Training Range. U.S.C. 8287(c)) is amended by striking ‘‘2003’’ under section 801 of the National Energy (e) COMMUNICATIONS AND TRACKING SYS- and inserting ‘‘2005’’. Conservation Policy Act (42 U.S.C. 8287) after TEMS.—Nothing in this section shall be con- (b) PAYMENT OF COSTS.—Section 802 of the October 1, 2003, and before the date of enact- strued to prevent any required maintenance National Energy Conservation Policy Act (42 ment of this Act, shall be deemed to have of existing communications, instrumenta- U.S.C. 8287a) is amended by inserting ‘‘, been entered into pursuant to such section tion, or electronic tracking systems (or the water, or wastewater treatment’’ after ‘‘pay- 801 as amended by subsection (a) of this sec- infrastructure supporting such systems) nec- ment of energy’’. tion. essary for effective testing and training to (c) ENERGY SAVINGS.—Section 804(2) of the meet military requirements in the Utah Test AMENDMENT NO. 3355, AS MODIFIED National Energy Conservation Policy Act (42 and Training Range. U.S.C. 8287c(2)) is amended to read as follows: On page 280, after line 22, insert the fol- ‘‘(2) The term ‘energy savings’ means a re- lowing: AMENDMENT NO. 3459, AS MODIFIED duction in the cost of energy, water, or SEC. 1068. CLARIFICATION OF FISCAL YEAR 2004 At the end of subtitle C of title X, add the wastewater treatment, from a base cost es- FUNDING LEVEL FOR A NATIONAL following: tablished through a methodology set forth in INSTITUTE OF STANDARDS AND SEC. 1022. REPORTS ON MATTERS RELATING TO the contract, used in an existing federally TECHNOLOGY ACCOUNT. DETAINMENT OF PRISONERS BY THE owned building or buildings or other feder- For the purposes of applying sections 204 DEPARTMENT OF DEFENSE. ally owned facilities as a result of— and 605 of the Departments of Commerce, (a) REPORTS REQUIRED.—Not later than 90 ‘‘(A) the lease or purchase of operating Justice, and State, the Judiciary, and Re- days after the date of the enactment of this equipment, improvements, altered operation lated Agencies Appropriations Act, 2004 (di- Act, and annually thereafter, the Secretary and maintenance, or technical services; vision B of Public Law 108–199) to matters in of Defense shall submit to the appropriate ‘‘(B) the increased efficient use of existing title II of such Act under the heading ‘‘NA- committees of Congress a report on the pop- energy sources by cogeneration or heat re- TIONAL INSTITUTE OF STANDARDS AND TECH- ulation of persons held by the Department of

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.029 S23PT1 S7272 CONGRESSIONAL RECORD — SENATE June 23, 2004 Defense for more than 45 days and on the fa- of such offsets with respect to employment (4) The reports under this subsection shall cilities in which such persons are held. in the United States, sales revenue relative also be submitted to the Select Committee (b) REPORT ELEMENTS.—Each report under to the value of such offsets, technology on Intelligence of the Senate and the Perma- subsection (a) shall include the following: transfer of goods that are critical to the na- nent Select Committee on Intelligence of the (1) General information on the foreign national security of the United States, and House of Representatives. tional detainees in the custody of the De- global market share of United States compa- (d) JOINT UNDERTAKING WITH THE DIRECTOR partment on the date of such report, includ- nies.’’. OF CENTRAL INTELLIGENCE.—The Secretary of ing the following: AMENDMENT NO. 3476 Defense shall conduct the review under this (A) The best estimate of the Department of (Purpose: To provide for appropriate coordi- section, and submit the reports under sub- the total number of detainees in the custody nation in the preparation of the manage- section (c), jointly with the Director of Cen- of the Department as of the date of such re- ment plan for contractor security per- tral Intelligence. port. sonnel) (e) * * * (B) The countries in which such detainees On page 188, beginning on line 17, strike AMENDMENT NO. 3480 were detained, and the number of detainees ‘‘Congress’’ and all that follows through line detained in each such country. (Purpose: To add the Select Committee on 20, and insert ‘‘the congressional defense (C) The best estimate of the Department of Intelligence and the Permanent Select committees, the Select Committee on Intel- the total number of detainees released from Committee on Intelligence of the House of ligence of the Senate, and the Permanent Se- the custody of the Department during the Representatives as recipients of the report lect Committee on Intelligence of the House one-year period ending on the date of such of the panel on the future of military space of Representatives a plan for the manage- launch) report. ment and oversight of contractor security On page 252, beginning on line 10, strike (2) For each foreign national detained and personnel by Federal Government personnel ‘‘and the congressional defense committees’’ registered with the National Detainee Re- in areas where the Armed Forces are engaged and insert ‘‘, the congressional defense com- porting Center by the Department on the in military operations. In the preparation of mittees, the Select Committee on Intel- date of such report the following: such plan, the Secretary shall coordinate, as (A) The Internment Serial Number or appropriate, with the heads of other depart- ligence of the Senate, and the Permanent Se- other appropriate identification number. ments and agencies of the Federal Govern- lect Committee on Intelligence of the House (B) The nationality, if available. ment that would be affected by the imple- of Representatives’’. (C) The place at which taken into custody, mentation of the plan.’’. AMENDMENT NO. 3481 if available. AMENDMENT NO. 3477 (Purpose: To add the Director of Central In- (D) The circumstances of being taken into telligence as an approving official for De- custody, if available (Purpose: To provide for appropriate coordi- partment of Defense assistance to Iraq and (E) The place of detention. nation in the preparation of the report on Afghanistan military and security forces (F) The current length of detention. contractor performance of security, intel- in certain cases) (G) A categorization as a civilian detainee, ligence, law enforcement, and criminal jus- enemy prisoner of war/prisoner of war, or tice functions, and to add other congres- On page 269, line 16, before the period at enemy combatant. sional committee recipients for the report) the end insert ‘‘and, in any case in which (H) Information as to transfer to the juris- On page 192, after line 22, insert the fol- section 104(e) of the National Security Act of diction of another country, including the lowing: 1947 (50 U.S.C. 403–4(e)) applies, the Director identity of such country. (c) COORDINATION.—In the preparation of of Central Intelligence’’. (3) Information on the detention facilities the report under this section, the Secretary AMENDMENT NO. 3342, AS MODIFIED of Defense shall coordinate, as appropriate, and practices of the Department for the one- (Purpose: To require a plan on the implemen- with the heads of any departments and agen- year period ending on the date of such re- tation and utilization of flexible personnel cies of the Federal Government that are in- port, including for each facility of the De- management authorities in Department of volved in the procurement of services for the partment at which detainees were detained Defense laboratories) by the Department during such period the performance of functions described in sub- At the end of title XI add the following: following: section (a). (A) The name of such facility. (d) ADDITIONAL CONGRESSIONAL RECIPI- SEC. 1107. PLAN ON IMPLEMENTATION AND UTI- (B) The location of such facility. ENTS.—In addition to submitting the report LIZATION OF FLEXIBLE PERSONNEL MANAGEMENT AUTHORITIES IN DE- (C) The number of detainees detained at under this section to the congressional defense committees, the Secretary of Defense PARTMENT OF DEFENSE LABORA- such facility as of the end of such period. TORIES. (D) The capacity of such facility. shall also submit the report to the Select Committee on Intelligence of the Senate and (a) PLAN REQUIRED.—The Under Secretary (E) The number of military personnel as- of Defense for Acquisition, Technology, and signed to such facility as of the end of such the Permanent Select Committee on Intel- ligence of the House of Representatives. Logistics and the Under Secretary of Defense period. for Personnel and Readiness shall jointly de- AMENDMENT NO. 3478 (F) The number of other employees of the velop a plan for the effective utilization of United States Government assigned to such (Purpose: To provide for appropriate coordi- the personnel management authorities re- facility as of the end of such period. nation in the preparation of the report on ferred to in subsection (b) in order to in- (G) The number of contractor personnel as- contractor security in Iraq, and to add crease the mission responsiveness, effi- signed to such facility as of the end of such other congressional committee recipients ciency, and effectiveness of Department of period. for the report) Defense laboratories. ORM OF EPORT (c) F R .—Each report under On page 246, between lines 7 and 8, insert (b) COVERED AUTHORITIES.—The personnel subsection (a) shall be submitted in unclassi- the following: management authorities referred to in this fied form, but may include a classified (d) COORDINATION.—In the preparation of subsection are the personnel management annex. the report under this section, the Secretary authorities granted to the Secretary of De- (d) APPROPRIATE COMMITTEES OF CONGRESS of Defense shall coordinate with the heads of fense by the provisions of law as follows: DEFINED.—In this section, the term ‘‘appro- any other departments and agencies of the (1) Section 342(b) of the National Defense priate committees of Congress’’ means— Federal Government that are affected by the Authorization Act for Fiscal Year 1995 (Pub- (1) the Committee on Armed Services and performance of Federal Government con- lic Law 103–337; 108 Stat. 2721), as amended by the Select Committee on Intelligence of the tracts by contractor personnel in Iraq. section 1114 of the Floyd D. Spence National (e) ADDITIONAL CONGRESSIONAL RECIPI- Senate; and Defense Authorization Act for Fiscal Year ENTS.—In addition to submitting the report (2) the Committee on Armed Services and 2001 (as enacted into law by Public Law 106– on contractor security under this section to the Permanent Select Committee on Intel- 398 (114 Stat. 1654A–315)). the congressional defense committees, the ligence of the House of Representatives. (2) Section 1101 of the Strom Thurmond Secretary of Defense shall also submit the AMENDMENT NO. 3311, AS MODIFIED National Defense Authorization Act for Fis- report to any other committees of Congress In lieu of the matter proposed to be incal Year 1999 (Public Law 105–261; 5 U.S.C. that the Secretary determines appropriate to serted, insert the following: 3104 note). receive such report taking into consideration (3) Such other provisions of law as the SEC. ll. REPORT ON OFFSET REQUIREMENTS the requirements of the Federal Government UNDER CERTAIN CONTRACTS. Under Secretaries jointly consider appro- that contractor personnel in Iraq are en- Section 8138(b) of the Department of De- priate for purposes of this section. gaged in satisfying. fense Appropriations Act, 2004 (Public Law (c) PLAN ELEMENTS.—The plan under sub- 108–87; 117 Stat. 1106; 10 U.S.C. 2532 note) is AMENDMENT NO. 3479 section (a) shall— amended by adding at the end the following (Purpose: To provide for the space posture (1) include such elements as the Under Sec- new paragraph: review to be a joint undertaking of the retaries jointly consider appropriate to pro- ‘‘(4) The extent to which any foreign coun- Secretary of Defense and the Director of vide for the effective utilization of the per- try imposes, whether by law or practice, off- Central Intelligence) sonnel management authorities referred to sets in excess of 100 percent on United States On page 249, line 16, strike ‘‘(d)’’ and insert in subsection (b) as described in subsection suppliers of goods or services, and the impact the following: (a), including the recommendations of the

VerDate jul 14 2003 05:18 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.036 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7273 Under Secretaries for such additional au- AMENDMENT NO. 3483 sector expertise, and private sector fi- thorities, including authorities for dem- (Purpose: To authorize, and authorize the ap- nancing, to efficiency projects that re- onstration programs or projects, as are nec- propriation of, $18,140,000 for military con- duce the Federal Government’s energy essary to achieve the effective utilization of struction at Navy Weapons Station, use, and energy costs. such personnel management authorities; and Charleston, South Carolina, for the con- Since the 1970’s Federal Government (2) include procedures, including a schedule struction of a consolidated electronic inte- agencies have been setting an example gration and support facility to house the for review and decisions, on proposals to for the Nation on how to reduce energy modify current demonstration programs or command and control systems engineering waste and save money by improving projects, or to initiate new demonstration and design work of the Space and Naval programs or projects, on flexible personnel Warfare Systems Center, Charleston, and their energy efficiency—spending $2.3 management at Department laboratories to provide offsets, including the elimi- billion less for energy in FY2000 than nation of the authorization of appropria- in FY1985. One of the reasons for this (d) SUBMITTAL TO CONGRESS.—The Under tions of $10,358,000 for military construc- success is the availability of Energy Secretaries shall jointly submit to Congress tion at Charleston, South Carolina, for the Savings Performance contracts, the plan under subsection (a) not later than construction of a readiness center for the ESPCs. These contracts offer a way to February 1, 2006. Army National Guard) make energy savings improvements at On page 305, in the table preceding line 1, AMENDMENT NO. 3482 Federal facilities at no cost to the Gov- insert after the item relating to Naval Sta- ernment, by leveraging private capital. (Purpose: To express the sense of the Senate tion Newport, Rhode Island, the following regarding the return of members of the new item: The Department of Defense has been a Armed Forces to active service upon reha- leader in the use of Energy Savings bilitation from service-related injuries) Performance contracts. Under the ESPC authority enacted in On page 112, between the matter following South Caro- Naval Weap- $18,140,000 1992, private sector companies enter line 5 and line 6, insert the following: lina. ons Sta- tion, into contracts with Federal agencies to SEC. 574. SENSE OF THE SENATE REGARDING RE- Charleston. install energy savings equipment and TURN OF MEMBERS TO ACTIVE make operational and maintenance DUTY SERVICE UPON REHABILITA- On page 305, in the table preceding line 1, changes to improve building efficiency. TION FROM SERVICE-RELATED INJU- strike the amount identified as the total in The company pays all of the up-front RIES. the amount column and insert ‘‘$833,718,000’’. On page 307, line 8, strike ‘‘$1,825,576,000’’ costs for making the energy efficiency (a) FINDINGS.—Congress makes the fol- and insert ‘‘$1,843,716,000’’. improvements and guarantees the lowing findings: On page 307, line 11, strike ‘‘$676,198,000’’ agency savings through the term of (1) The generation of young men and and insert ‘‘$694,338,000’’. contract. The energy service company women currently serving on active duty in On page 314, line 7, strike ‘‘$2,493,324,000’’, then recovers its investment, over the Armed Forces, which history will record as previously amended, and insert time, by receiving a portion of the as being among the greatest, has shown in ‘‘$2,485,542,000’’. remarkable numbers an individual resolve to On page 315, line 3, strike ‘‘$863,896,000’’ and agency’s energy cost savings. recover from injuries incurred in such serv- insert ‘‘$856,114,000’’. Since 1992, this program has brought ice and to return to active service in the On page 322, line 15, strike ‘‘$371,430,000’’ nearly $1.1 billion in private sector in- Armed Forces. and insert ‘‘$361,072,000’’. vestments to Federal agencies, result- (2) Since September 11, 2001, numerous AMENDMENT NO. 3484 ing in hundreds of millions of dollars in brave soldiers, sailors, airmen, and Marines (Purpose: To add an amount for a bed-down permanent savings to the taxpayers. have incurred serious combat injuries, in- initiative to enable the C–130 aircraft of The ESPC program has the support of cluding (as of June 2004) approximately 100 the Idaho Air National Guard to be the a broad and diverse coalition of busi- members of the Armed Forces who have been permanent carrier of the SENIOR SCOUT nesses, environmental groups and fitted with artificial limbs as a result of dev- mission shelters of the 169th Intelligence labor—including the U.S. Chamber of astating injuries sustained in combat over- Squadron of the Utah Air National Guard) Commerce, U.S. PIRG, and the Team- seas. On page 24, between lines 9 and 10, insert sters. (3) In cases involving combat-related inju- the following: Unfortunately, the statutory author- ries and other service-related injuries it is SEC. 133. SENIOR SCOUT MISSION BED-DOWN INI- ity for the ESPC program expired at possible, as a result of advances in tech- TIATIVE. the end of FY2003. As a result of the (a) AMOUNT FOR PROGRAM.—The amount nology and extensive rehabilitative services, program lapse, over $300 million in en- to restore to members of the Armed Forces authorized to be appropriated by section sustaining such injuries the capability to re- 103(1) is hereby increased by $2,000,000, with ergy efficiency projects have been halt- sume the performance of active military the amount of the increase to be available ed nationwide. Pending contacts are in service, including, in a few cases, the capa- for a bed-down initiative to enable the C–130 limbo along with over 3,000 new jobs as- bility to participate directly in the perform- aircraft of the Idaho Air National Guard to sociated with these projects. Although be the permanent carrier of the SENIOR ance of combat missions. I and others have made several efforts SCOUT mission shelters of the 169th Intel- to extend the program, these efforts (b) SENSE OF THE SENATE.—It is the sense ligence Squadron of the Utah Air National of the Senate that— Guard. have been unsuccessful, primarily be- (1) members of the Armed Forces who on (b) OFFSET.—The amount authorized to be cause the Congressional Budget Office their own initiative are highly motivated to appropriated by section 421 is hereby reduced assigns a cost to the program, unlike return to active duty service following reha- by $2,000,000, with the amount of the reduc- the Office of Management and Budget bilitation from injuries incurred in their tion to be derived from excess amounts pro- which considers the program to be service in the Armed Forces, after appro- vided for military personnel of the Air Force. budget neutral. priate medical review should be given the op- Mr. WARNER. I move to reconsider While the debate over proper scoring portunity to present their cases for con- the vote. of the program goes on, the loss of new tinuing to serve on active duty in varied Mr. LEVIN. I move to lay that mo- business and experienced personnel has military capacities; tion on the table. put this program into crisis. With each (2) other than appropriate medical review, The motion to lay on the table was passing week, the benefits and poten- there should be no barrier in policy or law to agreed to. tial of ESPCs are bleeding away. At a such a member having the option to return AMENDMENT NO. 3280 time of high energy costs, high deficits, to military service on active duty; and Mr. BINGAMAN. Mr. President, I am and high unemployment, Congress (3) the Secretary of Defense should develop pleased to support this amendment, should act as soon as possible to extend specific protocols that expand options for which I have cosponsored with the Sen- such members to return to active duty serv- ESPC authority. ice and to be retrained to perform military ator from Oklahoma, to extend the En- I thank the managers of the bill for missions for which they are fully capable. ergy Savings Performance Contract accepting this short-term extension program through the end of fiscal year amendment. I also pledge to continue 2005. working with Senator INHOFE and other Our amendment is urgently needed to supporters of the ESPC program to stem the damage being done to a very enact a permanent extension of this successful program that brings private valuable efficiency program.

VerDate jul 14 2003 04:17 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.035 S23PT1 S7274 CONGRESSIONAL RECORD — SENATE June 23, 2004 I ask unanimous consent that a let- Senate proceed to a vote on passage of SEC. ll. REQUEST FOR DOCUMENTS AND ter from Secretary Abraham expressing the bill, with no intervening action or RECORDS. The Attorney General shall submit to the administration support for the ESPC debate. Committee on the Judiciary of the Senate Program be printed in the RECORD. Before the Chair rules, I ask unani- all documents and records produced from There being no objection, the mate- mous consent that the votes occur in January 20, 2001, to the present, and in the rial was ordered to be printed in the reverse order than listed above. possession of the Department of Justice, de- RECORD, as follows: The PRESIDING OFFICER. Is there scribing, referring or relating to the treat- THE SECRETARY OF ENERGY, objection? ment or interrogation of prisoners of war, Washington, DC, April 8, 2004. The Senator from Nevada. enemy combatants, and individuals held in Hon. PETE DOMENICI, Mr. REID. Mr. President, it is my un- the custody or under the physical control of Chairman, Committee on Energy and Natural derstanding that, first of all, it will be the United States Government or an agent of Resources, U.S. Senate, Washington, DC. the Daschle amendment No. 3409, as the United States Government in connection DEAR MR. CHAIRMAN: The Administration amended. with investigations or interrogations by the strongly supports enactment, as soon as pos- Mr. WARNER. That is correct. If I military, the Central Intelligence Agency, intelligence, antiterrorist or sible, of legislation to extend the authority failed to read it, it is as amended. for Federal agencies to enter into Energy counterterrorist offices in other agencies, or Mr. REID. And that the Leahy cooperating governments, and the agents or Savings Performance Contracts (ESPCs). amendment No. 3387—we all know Sen- Congress established the ESPC program in contractors of such agencies or governments. 1992 as an innovative way to improve the ator LEAHY is going to offer a second- Mr. LEAHY. I thank the distin- Government’s energy efficiency by har- degree amendment to the underlying guished manager and yield the floor. nessing private-sector resources to fund nec- amendment. Mr. REID. I suggest the absence of a essary energy-efficient improvements. How- Mr. WARNER. That is correct. It is quorum. ever, authority to enter into new ESPC con- in the script. The PRESIDING OFFICER. The tracts expired on October 1, 2003. A short- Mr. REID. And also, I say to the Sen- clerk will call the roll. term, one-year reauthorization would allow ator, I want to make sure we would The legislative clerk proceeded to Federal agencies to continue making invest- have the Daschle vote second and the ments in energy efficiency that save energy call the roll. Leahy vote first. Mr. BENNETT. Mr. President, I ask and money and help agencies meet Federal Mr. WARNER. If that is the pref- energy conservation goals. unanimous consent the order for the The Administration continues to support erence, so granted. quorum call be rescinded. long-term reauthorization of the ESPC pro- Mr. REID. That would be for the con- The PRESIDING OFFICER. Without gram as part of the comprehensive energy venience of the Democratic leader. I objection, it is so ordered. legislation currently under consideration in would also think it would be appro- Mr. BENNETT. Mr. President, as the Congress. The legislation itself extending priate to have 2 minutes evenly divided debate on the Defense authorization ESPC authority is considered budget neutral prior to each vote. I would ask unani- bill began, I announced my intention and does not require additional resources, as mous consent that the distinguished to offer an amendment to that bill with the Office of Management and Budget classi- chairman of the committee allow the fies all budget authority and outlays for respect to the nuclear penetrator, or, ESPCs as absorbing discretionary resources. modification of his unanimous consent as it is known around here, the RNEP. However, ESPCs actually save the govern- request as I have outlined it. I have been dissuaded from offering ment money, because the upfront costs of Mr. WARNER. I concur in the modi- that amendment by the arguments of ESPC efficiency improvements are recovered fication. some of my friends who insist it is un- through the energy savings that result. The PRESIDING OFFICER. Without necessary because it would be simply a Moreover, payments to the contractors are objection, it is so ordered. statement of existing law. I wanted to contingent upon realizing a guaranteed Mr. WARNER. I thank the Chair. stream of future cost savings. Mr. LEAHY. Mr. President, will the be sure that was the case, and there- Improved energy efficiency and conserva- Senator yield, not to speak on my fore I sought assurances from both the tion of Federal facilities is an important amendment but to call it up and offer Department of Energy and the Depart- component of this Administration’s commit- the second degree now? ment of Defense. I have handed the let- ment to the cost-effective use of public dol- The PRESIDING OFFICER. Without ters from those two Departments to lars and protection of the environment. The my friend from Michigan. I ask if I Administration urges Congress to act quick- objection, the Daschle second degree No. 3468 is agreed to. could reclaim those letters so I might ly to extend the authorization of this impor- quote from them. tant program. The amendment (No. 3468) was agreed Sincerely, to. Mr. LEVIN. That is a fair request. Mr. BENNETT. Linton F. Brooks, SPENCER ABRAHAM. AMENDMENT NO. 3485 TO AMENDMENT NO. 3387 The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I ask who is the Administrator of the Na- ator from Virginia. that amendment No. 3387 be called up, tional Nuclear Security Administra- Mr. WARNER. Mr. President, I am and I send to the desk a second-degree tion, wrote me on June 15, and he says prepared to enter into a unanimous amendment on behalf of myself and Mr. the following things: consent agreement with the distin- CORZINE. . . . let me state unequivocally this Adminis- guished Senator from Nevada. The PRESIDING OFFICER. The tration has no current plans or requirements Mr. President, I ask unanimous con- clerk will report the second-degree to conduct an underground nuclear test. sent that all pending amendments be amendment. That is important to understand, withdrawn, with the exception of the The legislative clerk read as follows: that the administration has no plans to following: Daschle, No. 3409, as amend- The Senator from Vermont [Mr. LEAHY], conduct an underground nuclear test of ed; Leahy, No. 3387, which will have a for himself and Mr. CORZINE, proposes an any kind. second degree by Senator LEAHY or des- amendment numbered 3485 to amendment With respect to RNEP, he says: ignee; and a series of amendments No. 3387. . . . I know you are concerned that the ongo- which have been cleared by both man- Mr. LEAHY. Mr. President, I ask ing RNEP study could lead to the resump- agers; I further ask consent that at 9:30 unanimous consent that reading of the tion of underground nuclear testing. The tonight the Senate proceed to a vote in amendment be dispensed with. RNEP study will not require an underground nuclear test. relation to the Daschle amendment No. The PRESIDING OFFICER. Without 3409, with no second degrees in order to objection, it is so ordered. That is a very firm, unequivocal the amendment prior to the vote; pro- The amendment is as follows: statement. vided further that following the dis- (Purpose: To direct the Attorney General to He goes on to talk about possibili- position of the Daschle amendment, submit to the Committee on the Judiciary ties, and he says: the Senate vote in relation to the of the Senate all documents in the posses- Should the President support, and the Con- sion of the Department of Justice relating Leahy amendment No. 3387. I further gress approve, full-scale engineering develop- to the treatment and interrogation of indi- ment of RNEP, the Administration does not ask consent that following the disposi- viduals held in the custody of the United intend to conduct a nuclear test. From the tion of the Leahy amendment, and the States) beginning, we have operated under the as- disposition of the cleared amendments, At the appropriate place, insert the fol- sumption that resuming testing to certify the bill be read a third time and the lowing: RNEP is not an option. . . .

VerDate jul 14 2003 04:17 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JN6.039 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — SENATE S7275 Those are firm assurances from the from Congress would have to occur be- istration does not intend to conduct a nu- Department of Energy. But I wanted to fore a test could be conducted for clear test. From the beginning, we have op- be sure this was not just Ambassador RNEP? erated under the assumption that resuming Linton Brooks’ attitude, so I had a Mr. LEVIN. Yes. I, too, agree that testing to certify RNEP is not an option and Congress would have to vote before a for that reason, more than any other, the conversation with Paul Wolfowitz at RNEP study is only looking at two existing the Department of Defense. Dated June test could be conducted. weapon systems, the B–61 and the B–83. Both 23, he sent me a letter reaffirming what Mr. BENNETT. I thank the Senator are well-proven systems with an extensive Administrator Brooks had said and from Michigan. I thank the Senator test pedigree from the 1970s and 80s. I would makes it clear that the Department of from Arizona. be happy to work with you and the Senate Defense agrees there will be no nuclear On the basis of their assurances, Armed Services Committee to address your test with respect to RNEP under the along with the written assurances I concerns on this sensitive matter. current administration. have received from this administra- If you have any further questions or con- So I am heartened by these assur- tion—two Departments speaking—I cerns, please do not hesitate to contact me ances I have received from the Depart- will not offer my amendment. or C. Anson Franklin, Director, Office of ment of Defense and the Department of Mr. President, I now ask unanimous Congressional, Intergovernmental and Pub- Energy that there is no plan or require- consent those two letters be printed in lic Affairs at (202) 586–8343. ment to conduct an underground nu- the RECORD. Sincerely, There being no objection, the mate- LINTON F. BROOKS, clear explosive test of any kind, and I Administrator. accept these assurances. But here in rial was ordered to be printed in the the Congress I have those to whom I RECORD, as follows: DEPUTY SECRETARY OF DEFENSE, DEPARTMENT OF ENERGY, NATIONAL look for guidance on these matters. I Washington, DC, June 23, 2004. NUCLEAR SECURITY ADMINISTRA- want to be sure that should some fu- Hon. ROBERT BENNETT, TION, ture administration decide to change U.S. Senate, Dirksen Senate Office Building, Washington, DC, June 15, 2004. the policy that has been outlined by Washington, DC. the Bush administration, that the Hon. ROBERT BENNETT, U.S. Senate, DEAR SENATOR BENNETT: I understand that present law would hinder future admin- Washington, DC. you have concerns about the Department’s istrations from conducting these same DEAR SENATOR BENNETT: Thank you for plans to study options for a Robust Nuclear tests without there being a vote of taking the time to meet with me on June 3, Earth Penetrator (RNEP) that would give Congress; particularly with respect to 2004, to discuss your concerns regarding the the United States the capability to threaten RNEP, that there would be no under- Robust Nuclear Earth Penetrator (RNEP) hardened, deeply buried targets in hostile ground nuclear test without a congres- study and underground nuclear testing at nations. Specifically, you have raised con- sional vote. the Nevada Test Site (NTS). I appreciate cerns that the development of such a system could require the resumption of underground I have asked the Senator from Ari- your concerns and I hope to address them in this letter. nuclear testing. zona, who is an expert on these mat- First, let me state unequivocally this Ad- ters, if he would agree. I also discussed I want to assure you that the Administra- ministration has no current plans or require- tion has no plans to conduct an underground it with the Senator from Michigan, ments to conduct an underground nuclear nuclear test associated with the development who is the ranking member on the test. The Stockpile Stewardship Program is of RNEP. As National Nuclear Security Ad- Armed Services Committee. working today to ensure that America’s nu- ministration Administrator Linton Brooks If I may, Mr. President, I ask the clear deterrent is safe, secure and reliable. recently wrote to you, ‘‘the RNEP study is Senator from Arizona, Mr. KYL, if he Currently there are no issues of sufficient only looking at two existing weapon sys- agrees that under current law, a vote concern to warrant a nuclear test. I cer- tems, the B–61 and B–83. Both are well-prov- from Congress would have to occur be- tainly understand the concerns you and your en systems with an extensive test pedigree constituents in Utah have with nuclear test- from the 1970s and 80s.’’ fore a test could be conducted on ing at the Nevada Test Site. However, I be- RNEP? lieve it is critical to maintain a readiness ca- If RNEP were to move from its current The PRESIDING OFFICER. The Sen- pability at the NTS to conduct such a test in study phase to development, such plans ator from Arizona. the future if called for by the President of would be part of the Administration’s annual Mr. KYL. Mr. President, I answer the the United States, in order to ensure the budget request to Congress. The Administra- Senator from Utah, yes, I agree Con- safety and/or reliability of a weapon system. tion’s intentions concerning underground gress would have to vote before a test Therefore, I believe it is important for us to nuclear testing during RNEP development, if work together to ensure that the NNSA test different from our current intentions, would could be conducted. be explicit in that request. Congress would Mr. BENNETT. I thank the Senator readiness program continues to make safety a top priority. have the opportunity at that time to debate from Arizona, Mr. President. and pass judgment on those plans. I would now like to address the same Furthermore, I know you are concerned that the ongoing RNEP study could lead to Thank you for the opportunity to address question to the Senator from Michigan, the resumption of underground nuclear test- your concerns about the Department’s devel- with his great background in the area ing. The RNEP study will not require an un- opment of RNEP. If I can be of further as- of law concerning this. derground nuclear test. Should the President sistance, I hope you will let me know. Does the Senator from Michigan support, and Congress approve, full-scale en- Sincerely, agree that under current law, a vote gineering development of RNEP, the Admin- PAUL WOLFOWITZ.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR THURSDAY, JUNE 24, their use later in the day, and the Sen- PROGRAM 2004 ate proceed to executive session for the Mr. FRIST. Mr. President, tomorrow Mr. FRIST. Mr. President, I ask consideration en bloc of Calendar Nos. we will begin the day with the consid- unanimous consent that when the Sen- 715 and 731, the nomination of John eration of the nomination of our ate completes its business today, it ad- Danforth to be Representative to the former colleague to be Representative journ until 10 a.m. on Thursday, June United Nations. to the United Nations. The nomination 24. I further ask consent that following The PRESIDING OFFICER. Without will require a little debate but then the prayer and pledge, the morning objection, it is so ordered. will not need a vote. We will also con- hour be deemed expired, the Journal of sider judicial nominations tomorrow. proceedings be approved to date, the Therefore, rollcall votes will occur time for the two leaders be reserved for throughout the day.

VerDate jul 14 2003 04:17 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JN6.121 S23PT1 S7276 CONGRESSIONAL RECORD — SENATE June 23, 2004 Also, Chairman STEVENS will be here ADJOURNMENT UNTIL 10 A.M. CONFIRMATIONS to begin consideration of the Defense TOMORROW Executive nominations confirmed by Appropriations bill. We hope to begin Mr. FRIST. Mr. President, if there is the Senate June 23, 2004: that bill and finish that legislation no further business to come before the prior to the recess. Therefore, Senators Senate, I ask unanimous consent that THE JUDICIARY can expect a busy day with rollcall the Senate stand in adjournment under JUAN R. SANCHEZ, OF PENNSYLVANIA, TO BE UNITED votes. the previous order. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT There being no objection, the Senate, OF PENNSYLVANIA. WALTER D. KELLEY, JR., OF VIRGINIA, TO BE UNITED at 11:45 p.m., adjourned until Thursday, STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT June 24, 2004, at 10 a.m. OF VIRGINIA.

VerDate jul 14 2003 04:17 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\CR\FM\A23JN6.094 S23PT1 June 23, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1215 EXTENSIONS OF REMARKS

SPEECH BY HUNGARIAN PRIME Gyongyi was transported to Ravensbruck; Cooper, the Commanding Officer of the 2nd MINISTER PETER MEDGYESSY and she survived. Her sister, Erzsebet—trans- Battalion, 23rd Marines, for his extraordinary MARKING THE 60TH ANNIVER- ported away with her—perished. Ladies and Gentleman, this national trag- leadership and bravery in action against SARY OF THE HUNGARIAN HOLO- edy—the murder of six hundred thousand enemy forces. He has shown strength and CAUST OPENING THE HUN- Hungarians of Jewish origin was a terrible, courage throughout his many years of heroic GARIAN HOLOCAUST MEMORIAL evil, inhumane crime. It happened here, it service with the United States Marine Corps. AND DOCUMENTATION CENTER happened to us. It happened to people who A native of Aurora, Illinois, Lt. Col. Geffrey used to have names, families and lives. We L. Cooper is married to June Madsen, and is can only live with our joint past if we never the father of three daughters, Jennifer, Jes- HON. TOM LANTOS forget them. Not just the event but also the OF CALIFORNIA people: Gyongyi and Erzsebet, Lajos, Imre sica, and Jacalyn. He graduated from the Ma- IN THE HOUSE OF REPRESENTATIVES and Judit. rine Corps Recruit Depot in San Diego in No- We will not forget them because we miss vember, 1973, and has since had a long and Wednesday, June 23, 2004 them. We miss them all badly. We have lost successful military career. In 1980, Lt. Col. Mr. LANTOS. Mr. Speaker, I had the distinct them and we have also lost their children Cooper was commissioned as Second Lieu- honor to be in Hungary just a few weeks ago and grandchildren. We have lost their tenant upon his graduation from St. Cloud for the opening of the Holocaust Memorial and dreams, memories, their talents, success and failures. We can see their absence. And we State University in Minnesota. In 1980, he was Documentation Center in Budapest, Hungary. know that we are less in number and less in also assigned to 2nd Battalion, 7th Marine As you know, this year marks the 60th Anni- power without them. This is why this place Regiment and served as an infantry platoon versary of the Nazi German occupation of is so important. We can never give back commander. He was appointed to Infantry Hungary and the Hungarian Holocaust. During those many everyday people killed in the Training School at Camp Pendleton, and these dark days sixty years ago, over half a Holocaust to their families. However, talk- served as Assistant Officer in Charge from million Hungarian Jews were sent to Nazi ex- ing about the past frankly and credibly in their stead is our responsibility. The Holo- 1983–1986. In 1986, he was assigned as termination camps. caust Documentation Center stands here not Commanding Officer of Company B, 3rd Light By establishing an official Holocaust Memo- just for ourselves but rather for them: for Armored Vehicle Battalion. rial, the government of Hungary has finally ac- Gyongyi and Erzsi. Lt. Col. Cooper proved to be a strong leader knowledged the responsibility of the Hungarian As the Prime Minister of this Republic I as the Operations Officer for Headquarters people for atrocities committed during the declare that this heinous crime was com- Battalion, 3rd Marine Division, and as Com- Hungarian Holocaust. It is my hope that this mitted by Hungarians against Hungarians. manding Officer, Headquarters Company, 4th There is no excuse or explanation. But there Memorial will teach the present and future are the memories, the common bereavement Marine Regiment, Okinawa, Japan. After leav- generations of Hungarians that intolerance and—hopefully—reconciliation after sixty ing active duty in 1992, he joined the Indi- and hatred have no place in a free and open years. Reconciliation but no forgetting. vidual Mobilization Detachment, Tactical Train- and democratic society. Because bereavement, my friends, the ing Evaluation Control Group (IMADET). He Mr. Speaker, at the dedication of the Hun- mourning of the nation is always our com- served as the head IMADET representative for garian Holocaust Memorial and Documenta- mon pain. This suffering is common in con- more than 75 combined arms exercises. In tion Center, many dignitaries and elected Hun- centration camps, in Recsk and on the 23rd of October 1956. It is the major obligation of 2003, he was again activated and assumed garian officials gave moving and eloquent re- every generation after the Holocaust to re- command of 2nd Battalion, 23rd Marine Regi- marks, but none more so than the outstanding member and to make others remember: our ment in support of Operation Noble Eagle at address of Hungary’s current Prime Minister, children, grandchildren, and all of us. For- Camp Pendleton. Peter Medgyessy. The Prime Minister has getting is the ally of tyranny. Forgiveness Lt. Col. Cooper, along with the entire 2nd been a critical voice in fostering democracy and remembrance are the allies of freedom. Battalion, 23rd Marines, was activated on Feb- and respect for democratic principles in Hun- We have a task; to search and tell the truth, to correct those who are wrong, and to call ruary 23, 2002, and was deployed in February gary. His powerful and poignant remarks to accounts those who lie. And first of all we 2003. Nine hundred members of this Marine made at the opening of the memorial further must bow our heads to those who suffered. Forces Reserve Unit, combined with the I Ma- confirmed his deep commitment to the values Never before have we Hungarians had so rine Expeditionary Force (MEF), conducted the of political democracy. much confidence in our future. Within a longest series of synchronized combined arms Mr. Speaker, I ask that Prime Minister matter of days we will become part of an and overland attacks in the history of the Ma- Medgyessy’s speech at the dedication of the even larger community. New perspectives rine Corps. The 800 kilometer advance, which Holocaust Memorial in Budapest be placed in open up to Hungary. The shaping of a new European, modern Hungarian republic starts began at the border between Kuwait and Iraq, the RECORD, and I urge all of my colleagues now. experienced heavy combat with continued to read and think about this excellent state- This is the time to confirm that we believe hostilities to the North of Baghdad. The comment. I am certain they will find it as moving in the power of learning and teaching. We bined combat force successfully destroyed as I do. are not too lazy to learn from our own his- nine Iraqi Divisions. ADDRESS BY PETER MEDGYESSY ON THE 60TH tory and the example of other nations. We The battlefield swiftness of the I MEF during ANNIVERSARY OF THE HUNGARIAN HOLOCAUST remember the past for the future. We must say also here and now and again for our joint its campaign was unmatched by any force to Ladies and Gentlemen, Dear Friends, re- future: never again! date. The success of the operation was due to membering one of the gravest tragedies of This should be the place of eternal remem- valiant efforts of men and women such as Lt. the twentieth century, I would like to share brance. Understanding our past is a joint re- Col. Cooper. Lt. Col. Cooper’s many accom- a harrowing story with you. A historian sponsibility and a difficult one. Let’s bow plishments are indicated by his many decora- friend of mine showed me a postcard, a few our heads to all victims of the Holocaust. days ago that was written by two Hungarian tions, which include: Navy Marine Corps sisters to their family. The postcard was f Medal, Meritorious Service Medal, Navy thrown out of a train at Tatabanya in De- TRIBUTE TO LIEUTENANT Achievement Medal with gold star in lieu of cember 1944. Gyongyi and Erzsi, writers of COLONEL GEFFREY L. COOPER second award, Combat Action Ribbon, and the the postcard try to reassure their loved ones. Good Conduct Medal. They write that they are well. The things of Mr. Speaker and distinguished colleagues, their relatives, Lajos and Imre are safe, HON. HOWARD L. BERMAN please join me in saluting Lt. Col. Cooper’s while the luggage of another relative, Judit OF CALIFORNIA exceptional leadership in the 2nd Battalion, did not arrive to the ghetto because the IN THE HOUSE OF REPRESENTATIVES 23rd Marine Regiment. Also, I ask you to join gates were closed. They close the letter by Wednesday, June 23, 2004 sending many kisses to the children and me in wishing future success to Lt. Col. promising that they would bring presents Mr. BERMAN. Mr. Speaker, I rise today to Geffrey L. Cooper at his new Command, the back from Germany. pay tribute to Lieutenant Colonel Geffrey L. 1st Marine Division, Camp Pendelton.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JN8.001 E23PT1 E1216 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2004 DEPARTMENT OF THE INTERIOR Mr. MOORE. Mr. Chairman, as the House has a program participation agreement with AND RELATED AGENCIES APPRO- considers our fiscal year 2005 appropriations the U.S. Department of Education for eligible PRIATIONS ACT, 2005 measure for the Department of the Interior, I students to receive Pell Grants and other fed- rise to draw the House’s attention to Haskell eral aid, such as direct student loans. This SPEECH OF Indian Nations University, which is located in land grant institution is an intertribal university HON. DENNIS MOORE Lawrence, Kansas, within my congressional serving approximately 1,000 students rep- OF KANSAS district. resenting 160 tribes from 30 states. IN THE HOUSE OF REPRESENTATIVES Funded through the Interior Department’s Unfortunately, however, federal support for Haskell has not kept pace with its obligations. Wednesday, June 16, 2004 Bureau of Indian Affairs, Haskell was authorized by Congress, in partial fulfillment of treaty Since 1993, Haskell’s overall funding alloca- The House in Committee of the Whole and trust obligations, to provide higher edu- tion has risen by only 27 percent, while the in- House on the State of the Union had under cation to federally recognized tribal members. stitution has made the transition from a junior consideration the bill (H.R. 4568) making ap- college to a 4-year university, with its first bac- propriations for the Department of the Inte- Haskell seeks to achieve this goal through the rior and related agencies for the fiscal year provision of tuition-free education, culturally calaureate degrees granted in 1997. ending September 30, 2005, and for other pur- sensitive curricula, innovative services and a This table depicts Haskell’s funding history poses. commitment to academic excellence. Haskell over the past 10 years: EXPENDITURES (TOTAL OBLIGATIONS) AT END OF FISCAL YEAR

Fiscal year Allocation Total Personnel Program

1993 ...... $7,167,553 $7,180,049.45 $5,943,985.00 $1,236,064.45 1994 ...... 7,306,000 6,955,104.47 6,011,310.13 943,794.34 1995 ...... 7,511,380 7,537,328.30 5,866,751.23 1,670,577.07 1996 ...... 7,506,000 7,509,996.36 6,125,067.59 1,384,928.77 1997 ...... 7,924,500 7,889,782.31 6,276,850.36 1,612,931.95 1998 ...... 8,107,000 8,183,821.97 6,305,264.51 1,878,557.46 1999 ...... 8,267,000 8,195,109.40 6,877,615.69 1,317,493.71 2000 ...... 8,611,000 8,718,986.20 7,472,113.79 1,246,872.41 2001 ...... 8,776,649 8,756,727.25 7,748,714.10 1,008,013.15 2002 ...... 9,050,100 8,797,514.95 7,679,254.41 1,118,260.54 2003 ...... 9,141,100 9,017,657.02 7,887,447.54 1,130,209.48

Mr. Chairman, while Congress traditionally but also its success in athletics. Haskell foot- CORRECTING PREVIOUS has not provided line item allocations of funds ball teams in the early 1900’s to the 1930’s STATEMENT ON GOLDEN TEMPLE for institutions administered by the Bureau of are legendary. And even after the 1930s, Indian Affairs, I hope that a review of these when the emphasis on football began to de- HON. EDOLPHUS TOWNS statistics will bring to the attention of the De- crease, athletics remained a high priority to OF NEW YORK partment of the Interior and the Office of Man- Haskell students and alumni. Today, Haskell IN THE HOUSE OF REPRESENTATIVES agement and Budget the need to significantly continues to pay tribute to great athletes by enhance Haskells funding levels in the upcom- serving as the home of the American Indian Wednesday, June 23, 2004 ing fiscal year. Athletic Hall of Fame. Mr. TOWNS. Mr. Speaker, earlier this month Haskell has a unique and compelling his- Industrial training became an important part I made a statement congratulating the Council tory. Twenty-two American Indian children en- of the curriculum in the early 1930s, and by of Khalistan on its commemoration of the tered the doors of a new school in Lawrence, 1935 Haskell began to evolve into a post high twentieth anniversary of the massacre of Sikhs Kansas, in 1884 to begin an educational pro- at the Golden Temple in June 1984. At that gram that focused on agricultural education in school, vocational-technical institution. Gradu- ally, the secondary program was phased out, time, I intended to insert the Council of grades one through five. Today, Haskell con- Khalistan’s flyer into the RECORD. I even said tinues to serve the educational needs of and the last high school class graduated in 1965. that I was including it in the RECORD. Some- American Indian and Alaska Native people how, it did not get included. Therefore, I would from across the United States. For more than In 1970, Haskell began offering a junior col- like to place it in the RECORD at this time. 117 years, American Indians and Alaska Na- lege curriculum and became Haskell Indian 20TH ANNIVERSARY OF THE GOLDEN TEMPLE tives have been sending their children to Has- Junior College. In 1992 the National Haskell MASSACRE, JUNE 3–6, 1984 kell, and Haskell has responded by offering in- Board of Regents recommended a new name SIKHS MUST HAVE FREEDOM IN SOVEREIGN novative curricula oriented toward American to reflect its vision for Haskell as a national HOMELAND Indian/Alaska Native cultures. center for Indian education, research, and cul- ‘‘If the Indian government attacks the The doors to Haskell officially opened under tural preservation. In 1993, the Assistant Sec- Golden Temple, it will lay the foundation the name of the United States Indian Industrial retary for Indian Affairs of the U.S. Department stone of Khalistan.’’—Sant Jarnail Singh Training School. Enrollment quickly increased of the Interior approved the change, and Has- Bhindranwale. from its original 22 to over 400 students within kell became ‘‘Haskell Indian Nations Univer- From June 3 throughout 6, 1984, the Indian one semester’s time. The early trades for boys sity.’’ government brutally invaded the Golden included tailoring, wagon making, Temple and 150 other Gurdwaras around Pun- blacksmithing, harness making, painting, shoe Mr. Chairman, today, Haskell has an aver- jab. Over 20,000 people were killed in these making, and farming. Girls studied cooking, age enrollment of over 1,000 students each attacks, including such Sikh leaders as Sant semester. Students represent federally recog- Jarnail Singh Bhindranwale, who was the sewing and homemaking. Most of the stu- strongest spokesman for Sikh rights and dents’ food was produced on the Haskell farm, nized tribes from across the United States and are as culturally diverse as imaginable. Stu- Sikh freedom. More than 100 young boys, and students were expected to participate in ages 8 to 13, were taken outside into the various industrial duties. dents select programs that will prepare them courtyard and asked whether they supported Ten years passed before the school ex- to enter baccalaureate programs in elementary Khalistan, the independent Sikh homeland. panded its academic training beyond the ele- teacher education, American Indian studies, When they answered with the Sikh religious mentary grades. A ‘‘normal school’’ was added business administration, and environmental incantation ‘‘Bole So Nihal,’’ they were sum- because teachers were needed in the stu- science; to transfer to another baccalaureate marily shot to death. The Guru Granth dents’ home communities. The commercial de- degree-granting institution; or to enter directly Sahib, the Sikh scripture, handwritten in into employment. Haskell continues to inte- the time of the ten Sikh Gurus, was shot full partment, the predecessor of the business de- of bullet holes by the Indian military. Sant partment, opened in 1895 with five typewriters. grate American Indian/Alaska Native culture Bhindranwale warned that if the Indian gov- It is believed that the first touch-typing class in into all its curricula. This focus of the cur- ernment invaded the Golden Temple, it Kansas was taught at Haskell. riculum, besides its intertribal constituency and would ‘‘lay the foundation stone for By 1927, high school classes were accred- federal support through the Bureau of Indian Khalistan’’ and it did. ited by the state of Kansas, and Haskell Affairs, makes Haskell unique and provides HOW CAN THIS HAPPEN IN A DEMOCRACY? began offering post high school courses in a exciting challenges which the Federal Govern- ‘‘The Indian government, all the time they variety of areas. Part of Haskell’s attraction ment must assist them further in meeting in boast that they are democratic, that they was not only its post high school curriculum the years ahead. are secular. They have nothing to do with a

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.002 E23PT1 June 23, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1217 democracy, nothing to do with a secularism. ‘‘If a Sikh is not for Khalistan, he is not a notices submitted to the FDA as a condition of They just kill Sikhs to please the major- Sikh.’’—Professor Darshan Singh, former food import. This requirement would be impos- ity.’’—Narinder Singh, spokesman for the Jathedar of the Akal Takht sible to meet for lawful third-party importers Golden Temple, on NPR August 1997. Unfortunately, Sikhs are not the only vic- U.S. Representative Dana Rohrabacher (R– tim of India’s brutal tyranny. who do not deal directly with the manufactur- Cal.) has said that for the minorities such as India has murdered over 300,000 Christians ers and thus have no means of obtaining the Sikhs and Kashmiris ‘‘India might as well be in Nagaland since 1947, more than 85,000 confidential numbers. The adversely-affected Nazi Germany.’’ Kashmiri Muslims since 1988, and tens of importers include food wholesalers distributing A PATTERN OF REPRESSION AGAINST THE SIKH thousands of other minorities in the secondary marketplace or reimporting NATION Australian missionary Graham Staines and American-manufactured products, and manu- his two young sons were brutally murdered Over 250,000 Sikhs murdered since 1984. facturers bringing competitors’ articles into this by being burned to death while they slept in 52,268 Sikh political prisoners, according to their jeep by a mob of Hindu militants affili- country for sampling or testing. the Movement Against State Repression The requirement also would create domestic More than 50,000 Sikhs disappeared in In- ated with the militant, pro-Fascist Rashtriya Swayamsewak Sangh (RSS) who job losses and raise consumer prices. For ex- dian government’s secret cremations. Their ample, it is estimated that thousands of jobs remains have never been given to their fami- chanted ‘‘Victory to Hannuman,’’ a Hindu lies. god. within the secondary market industry alone Indian government paid over 41,000 cash An American missionary from Pennsyl- could be at stake. In addition, numerous bounties to police to kill Sikhs vania, Joseph Cooper, was expelled from the freight forwarders, truckers, and warehouse- Gurnihal Singh Pirzada, a senior officer in country after being so severely beaten by men who work in conjunction with the industry RSS goons that he had to spend a week in the IAS, arrested after allegedly being seen likely would face similarly substantial eco- at a meeting of gathering of Punjab ‘‘dis- the hospital. In January 2003, an American missionary nomic hardship. Moreover, the secondary mar- sidents.’’ Pirzada denies attending such a ket results in cost savings to consumers rang- meeting, but points out that it would not be and seven other individuals were attacked. Christian schools and prayer halls have illegal if he did. ing between 10 and 15 percent. That is a Jaswant Singh Khalra kidnapped by police been attacked and destroyed. major benefit to the American economy that A Christian religious festival was broken and murdered in police custody after expos- cannot be discounted. up by police gunfire. ing Indian policy of arresting Sikhs, tor- In March 2002, between 2,000 and 5,000 Mus- That is why we are introducing the Importa- turing them, murdering them, cremating the lims were brutally murdered in Gujarat. In- tion of Safe Food Act of 2004. This bill would bodies, as ‘‘unidentified.’’ dia’s National Human Rights Commission clarify that (1) the notice must contain the Gurdev Singh Kaunke, former Jathedar of (NHRC), an official body, found evidence in name and address of the manufacturer and the Akal Takht, highest Sikh religious lead- the killings of premeditation by members of er, murdered by police official Swaran Singh that the importer must identify those parties Hindu extremist groups and complicity by Ghotna, who has never been punished. required to be shown by whatever means The Indian newspaper Hitavada reported Gujarat state officials. A police officer con- available to it; and (2) food articles may not be that the Indian government paid the late firmed to an Indian newspaper that the mas- automatically rejected solely on the basis of Governor of Punjab, Surendra Nath, the sacre was pre-planned by the government. The most revered mosque in India, the an incomplete notice unless the Secretary is equivalent of $1.5 billion to foment and sup- Ayodhya mosque, was destroyed by Hindu presented with additional evidence that the ar- port covert state terrorist activity in Punjab mobs affiliated with the BJP and a Hindu ticle poses a threat to the health of an animal and Kashmir. This is the state of freedom in Punhap, temple was built on the site. or human. It also would give the government The states of Gujarat, Tamil Nadu, and Khalistan under Indian rule. more authority in regulating food facilities so ‘‘The mere fact that they have the right to Orissa have all passed bills barring religious that tainted foods cannot enter the Nation’s choose their oppressors does not mean they conversions. food supply. DEMOCRACIES DON’T COMMIT GENOCIDE; live in a democracy.’’—Rep. Edolphus Towns f (D–NY). SUPPORT SELF-DETERMINATION IN SOUTH ASIA THE REPRESSION CONTINUES WHILE INDIA The right to self-determination is the es- PERSONAL EXPLANATION PROCLAIMS ITS SECULARISM AND DEMOCRACY sence of democracy. Please urge your rep- Half a million Indian forces have been sent resentatives to support self-determination for Khalistan, Kashmir, Nagaland, and all HON. HOWARD L. BERMAN to Punjab, Khalistan to subdue the freedom OF CALIFORNIA movement there. Another 700,000 are de- the stations seeking their freedom. Demand IN THE HOUSE OF REPRESENTATIVES ployed in Kashmir. They join with the police a free and fair plebiscite on the question of in carrying out the kinds of atrocities de- independence and an end to foreign aid to Wednesday, June 23, 2004 scribed above. India calls this ‘‘protecting its India until human rights are respected. territorial integrity. ‘‘ f Mr. BERMAN. Mr. Speaker I was unavoid- In March 2000 in the village of ably detained and unable to cast a number of Chithisinghpora, 35 Sikhs were massacred. INTRODUCTION OF THE ‘‘IMPORTA- rollcall votes. Had I been present, I would Two studies of this massacre, one by the TION OF SAFE FOOD ACT OF have voted ‘‘no’’ on rollcall No. 279, ‘‘no’’ on International Human Rights Organization, 2004’’ rollcall No. 280, ‘‘yes’’ on rollcall No. 281, based in Ludhiana, and the other conducted ‘‘yes’’ on rollcall No. 282, ‘‘yes’’ on rollcall No. jointly by the Punjab Human Rights Organi- HON. JOHN CONYERS, JR. 283, ‘‘yes’’ on rollcall No. 284 and ‘‘yes’’ on zation and the Movement Against State Re- rollcall No. 285. pression, concluded that the massacre was OF MICHIGAN the work of Indian forces, a conclusion sup- IN THE HOUSE OF REPRESENTATIVES f ported by reporter Barry Bearak in the De- Wednesday, June 23, 2004 TRIBUTE TO LIEUTENANT NED cember 31, 2000 issue of the New York Times Magazine. In another village in Kashmir, In- Mr. CONYERS. Mr. Speaker, I rise to an- NEUSTROM OF JOHNSON COUNTY dian troops were caught red-handed trying to nounce the introduction of the ‘‘Importation of MED-ACT set fire to several Sikh houses and the local Safe Food Act of 2004.’’ The Public Health Gurdwara. Sikh and Muslim villagers joined Security and Bioterrorism Preparedness and HON. DENNIS MOORE together to stop this atrocity before it could Response Act of 2002 (the Act) imposes new OF KANSAS be carried out requirements intended to protect U.S. con- Sikhs ruled Punjab as an independent, sec- IN THE HOUSE OF REPRESENTATIVES sumers from adulterated food products. Unfor- ular country from 1765 to 1849. Sikhs have Wednesday, June 23, 2004 never accepted the Indian constitution. At tunately, the U.S. Food and Drug Administra- the time of the transfer of power, Sikhs were tion, in attempting to comply with the Act, has Mr. MOORE. Mr. Speaker, I rise today to equal partners who were to receive sov- overstepped its authority in a manner that pay tribute to Lieutenant Edward ‘‘Ned’’ ereignty along with Muslims and Hindus. could lead to the unintended consequences of Neustrom of Johnson County Med-Act, who When the Indian constitution was adopted in raising consumer prices, increasing job losses, died unexpectedly of cardiac arrest while on 1950, no Sikh representative signed it and no and threatening legitimate U.S. businesses. duty on Friday, June 18th. Sikh representative has signed it to this day. This legislation would prevent the loss of Lieutenant Neustrom was found by fire- On October 7, 1987, the Sikh Nation formally declared its independence from India, these important jobs. fighters at the emergency response station lo- naming their new country Khalistan. Since A proposed FDA regulation is scheduled for cated at 13801 Switzer in Overland Park, KS, then, Khalistan has been under illegal occu- full enforcement on August 13, 2004, and where he was assigned. Neustrom was a re- pation by the Indian government and its would require that confidential manufacturing spected paramedic and departmental mentor forces. facility registration numbers appear on all prior with more than 25 years experience with

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.006 E23PT1 E1218 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2004 Johnson County’s Med-Act Department. He out charge or trial for 20 years. A democratic mine what the administration did once it real- began his career as an emergency medical country should be embarrassed to have car- ized its military was committing abuse, what technician in February 1978. In August 1980, ried out acts like these, and I call on Prime role contractors had in this mess, whether he advanced to the paramedic level and was Minister Singh to begin to rectify India’s record warnings were ignored, and more. Therefore, again promoted in 1984 to team leader and to by releasing the political prisoners and by re- I ask my colleagues to support this resolution the rank of lieutenant. Neustrom was involved moving Mr. Tytler and others involved in atroc- so that we may get the rest of the documents in many aspects of the Med-Act Department, ities from his government. This will be a good in the administration’s possession so that we including the Disaster Response Team, the first step towards restoring democracy for all may conduct a thorough investigation. Special Operations Group, the Emergency Op- the people. The prison scandal is a stain on our Nation erations Team, and he also served as a field America is the beacon of freedom. It is a and an impediment to the prosecution of the training officer. Most recently, he was an inte- country dedicated to the principles of freedom war against terror. If this Congress can’t find gral member of the team that created and and equal rights. While we have not always the will to investigate an abuse of this mag- launched a partnership between the city’s fire been perfect in our efforts to follow these prin- nitude, it calls into question our entire constitu- department and the Johnson County Med-Act ciples, they form the foundation of America. tional system of checks and balances. Department. Neustrom had been assigned as We embarrass ourselves and our principles by We’ve given the President and the Repub- a paramedic to the Overland Park station allowing the likes of Jagdish Tytler to come lican majority every opportunity to participate since the partnership was formed in 2002. and make speeches in our country. in what any decent society demands—ac- Neustrom and his wife of 23 years, Linda, As long as people like Mr. Tytler are in the countability for inhuman and degrading acts are the parents of three daughters. A family government, it is confirmation that there is no committed in our name. If they won’t help us man with many friends, who enjoyed fly-fishing place for Sikhs and other minorities in India. get to the bottom of why these atrocities hap- and playing guitar in his free time, he was 49 Until it repudiates this and allows all people to pened, we’ll do it without them. years old. I join with the grieving members of exercise their full rights, we should provide no H. RES.— Johnson County Med-Act and the Overland aid to India. And we should put ourselves on Resolved, That the President is requested, Park Fire Department in paying tribute to this record in support of a free and fair vote on and the Secretary of State, the Secretary of dedicated public servant, whose services were independence for the Sikh homeland, Defense, and the Attorney General are each conducted with full public safety honors. Mr. Khalistan, and for all the other nations seeking directed, to transmit to the House of Rep- Speaker, I commend to all members of this their freedom. And we should keep the lead- resentatives not later than 14 days after the House the life and legacy of Lieutenant Ned ers who practice brutality and commit atroc- date of the adoption of this resolution all Neustrom, and ask that you join me in this ities out of our country. documents in their possession, except those tribute. documents in the Attorney General’s posses- f sion that have been found by a court to be f INTRODUCTION OF RESOLUTION protected by Federal Rule of Criminal Proce- UNITED STATES SHOULD NOT LET OF INQUIRY dure 6(e) in a proceeding at which the Attor- ney General or the Department of Justice is TYTLER ENTER COUNTRY a party, relating to the treatment of pris- HON. JOHN CONYERS, JR. oners or detainees in Iraq, Afghanistan, or HON. EDOLPHUS TOWNS OF MICHIGAN Guantanamo Bay and any requisite instruc- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES tions for handling such documents, including— IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 2004 (1) every report, memorandum, or com- Wednesday, June 23, 2004 Mr. CONYERS. Mr. Speaker, I am pleased plaint from the International Committee of Mr. TOWNS. Mr. Speaker, I was disturbed to introduce a resolution of inquiry to request the Red Cross relating to the treatment of detainees or prisoners and any documents to read that Jagdish Tytler, India’s Minister of documents about the abuse of detainees and that reference such memorandum, report, or State for Non-Resident Indian Affairs, was prisoners in Iraq, Afghanistan and Guanta- complaint by the President, by any Federal coming to the United States to speak to the namo Bay. Two weeks ago, Democrats pub- official covered by this resolution, or by any American Association of Physicians of Indian licly requested that the White House release agency under any such Federal official; Origin. While there are many fine people of In- all documents concerning the growing Iraq (2) every report, memorandum, or com- dian origin, Jagdish Tytler is a person who is prison abuse scandal. We were ignored, so plaint from Human Rights Watch, Amnesty unfit to visit this country. He is the person today I am offering a resolution of inquiry International, Iraqi Human Rights Associa- most responsible for the genocide against which formally requests that the White House tion, Afghan Human Rights Commission, Physicians for Human Rights, or Human Sikhs in Delhi in November 1984. To bring to release the documents. Rights First relating to the treatment of de- Jagdish Tytler to America is to give our implicit We are in the midst of one of the most seri- tainees or prisoners and any documents that blessing to that massacre. ous incidents of human rights abuses in our reference such memorandum, report, or com- After the assassination of Indira Gandhi, Nation’s history. In Iraq, Afghanistan and plaint by the President, by any Federal offi- Tytler and others organized bands of Hindus Guantanamo, it is increasingly clear that our cial covered by this resolution, or by any who grabbed Sikhs and burned them to death. Nation’s military and civilian contractors—at agency under any such Federal official; He was one of the people responsible for get- the behest of the very highest officials in the (3) every document relating to interrogating the Sikh police locked in their barracks so administration—engaged in physical, psycho- tion techniques; (4) every internal report of a law enforce- that they could not intervene. Meanwhile, the logical, and sexual abuse on a widespread ment, military, or intelligence agency or or- state-run radio and TV screamed for more basis. Scores of detainees were murdered. ganization concerning interrogation or de- Sikh blood. In all, over 20,000 Sikhs were Numerous warnings were ignored. The Justice tention operations; murdered. Department provided the legal cover nec- (5) every internal report of a law enforce- Mr. Speaker, why is such a person being essary to justify torture. ment, military, or intelligence agency in re- granted entry to the United States? And why The resolution I am offering today will en- sponse to allegations that the treatment of is he in India’s Cabinet? Unfortunately, re- sure that the administration no longer picks prisoners or detainees violated or continues warding people who carry out such activities is and chooses what information it will share with to violate international or American law; (6) every document and memorandum re- too common in India. We do not have to grant us. While the administration released a num- garding the applicability of the Geneva Con- it our implicit approval. ber of documents yesterday pertaining to the ventions, the Convention Against Torture As you know, over a quarter of a million treatment of detainees and prisoners, we’ve all and Other Cruel, Inhuman or Degrading Sikhs have been murdered at the hands of the learned that it only shares what information re- Treatment or Punishment, the International Indian government since 1984. The Indian flects on it best. There is no reason to believe Covenant on Political and Civil Rights, sec- government has also killed more than 300,000 that the memos made public yesterday rep- tions 2340–2340A of title 18, United States Christians in Nagaland, over 87,000 Muslims resent all of what the President and his Cabi- Code, the War Crimes Act of 1996, and the in Kashmir since 1988, and thousands upon net approved. Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States to thousands of other minorities as well. They The documents also touch on only one of the treatment of prisoners or detainees; continue to hold tens of thousands of political many issues that need investigation. While un- (7) every document and memorandum re- prisoners, according to Amnesty International. derstanding how the administration came to lating to command relationships between This includes over 52,000 Sikhs, some of deny Geneva Convention protections to de- military police units and military intel- whom have been held in illegal custody with- tainees is important, it is also critical to deter- ligence units;

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.010 E23PT1 June 23, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1219 (8) every document and memorandum di- Wynne was born on August 25, 1923 in Los of the United States Army, Colonel Owsley recting personnel to abstain from using spe- Angeles, CA. She graduated from Los Ange- combined his love of country with his love of cific interrogation techniques or to withdraw les High School in 1940, and despite being of- the Army. As a member of the board that themselves from interrogations being conducted by other departments; fered numerous scholarships to attend college, guided the military academy selection process (9) any Presidential directive or other writ- she stayed home to help take care of her ill with the Eighth District Congressional office, ing authorizing the use of interrogation tac- father. Later, Wynne received an Associate first for Bill and then for me, I knew Colonel tics or claiming the constitutional authority Degree from Los Angeles City College. Ed as an honest and fair man. to do so; In 1943, Wynne married Herbert C. Bright. As active as he was on military matters, (10) any documentation of training re- Herbert graduated from the University of Cali- Colonel Ed was even more involved in our ceived by the 800th Military Police Brigade fornia, Los Angeles and served as a lieutenant communities. For 20 years, he acted as exec- and the 205th Military Intelligence Brigade in the Air Force during World War II. During utive vice president of the Rolla Area Cham- regarding the treatment of prisoners or de- the war, Wynne worked for the American Red tainees; ber of Commerce. He served his community (11) any documentation of special access Cross, helped start a nursery and preschool at as a member of the Rolla City Council. Many programs as they were applied to prisoners Langley Field, and visited with parents who of the building and development initiatives in or detainees; had lost children in the war. and around Rolla over the last 40 years reflect (12) all records of meetings regarding the Wynne gave birth to her first child, James, his involvement. treatment of prisoners or detainees at which in 1949. James graduated from the University Colonel Owsley was a man you identified one or more officials of the Department of of Southern California with a degree in geol- with the city of Rolla. His work on behalf of the State, Department of Defense, Department ogy. Afterwards, he graduated from Loyola community was not for personal gain—it was of Justice, or Central Intelligence Agency Law School. Wynne’s second child, Cheryl were present and the presence of those offi- the result of his patriotism and civic pride. It is cials is apparent from the face of the record; Lee, was born in 1955. Cheryl Lee graduated too bad he was one-of-a-kind, because we (13) every document and memorandum con- from California State University Northridge and need more good Americans like him. But he cerning the practice of keeping prisoners or served as an executive at ARCO for many has provided a tremendous example of self- detainees off the official roster; years. Richard, her youngest child, was born lessness and volunteerism to guide the lead- (14) a list of every ongoing and completed in 1962 and graduated from the University of ers of tomorrow. That spirit is his best legacy. investigation into the treatment of prisoners Southern California. He is the Vice President Colonel Ed was a true friend of Missouri. A or detainees, and any written reports proof Ellis Reality. Wynne has five grandchildren: vocal man, to be sure, but a man who always duced by any such investigation; MacKenzie, Jennifer Ann, Ryan, Taylor, and (15) every document relating to civilian followed up his words with deeds. His death is contract employees and their role in prisons; Christopher. a great loss to the American people. We will (16) all written statements of prisoners or Wynne’s children are very proud of their miss him dearly. detainees, military personnel, civilian em- mother and attribute their sense of self-worth, ployees of the Federal Government, or civil- desire to achieve, and moral values to her f ian contractors regarding the treatment of good influence. She taught them that real suc- HONORING DAVID GRANT prisoners or detainees; cess comes hand-in-hand with moral values, (17) all reports of interrogation of each and that happiness comes from within. Their prisoner or detainee that reflect a claim of love of learning is a direct result of their moth- HON. GEORGE RADANOVICH abuse by military or civilian personnel or by OF CALIFORNIA civilian contractors; er’s belief in the importance of education. (18) any documents for work under con- In addition to being a lifelong teacher to her IN THE HOUSE OF REPRESENTATIVES tracts (including subcontracts and task or- children, Wynne has made extraordinary con- Wednesday, June 23, 2004 ders) and all reports on such documents, for tributions to her community. For example, she interrogation or translation work by CACI is involved in the Studio City Residents’ Asso- Mr. RADANOVICH. Mr. Speaker, I rise International, Titan Corporation, and any ciation, is a volunteer at her PTA, is actively today to recognize David Grant posthumously other entity that may have performed such involved in the North Hollywood Junior Wom- for his heroism and years of service to his work; en’s Club, and plays organ at her church. community. Dave recently passed away on (19) any documents or testimony presented Monday, May 29, 2004. to or prepared by the Detainee Assessment Women like Wynne Bright give strength and joy to our communities, and I ask my col- David was known for his extraordinary work Branch at Abu Ghraib prison at any time as a law enforcement officer with a knack for after September 1, 2003 regarding the treat- leagues to join me in saluting and honoring ment of Iraqi prisoners or detainees by mem- her for all of her outstanding accomplish- defusing tense, often dangerous, situations. bers of the Armed Forces or by civilian con- ments, and her exemplary commitment to fam- He was a 15-year veteran of the Tuolumne tractors working in Iraq employed on behalf ily and community. County Sheriff’s Department and had worked of the Department of Defense; in law enforcement for a total of 26 years. f (20) any complaint forms filled out and A Sonora resident and Tuolumne County submitted at any time after March 1, 2003 by TRIBUTE TO COLONEL EDWARD native, Dave grew up in Tuolumne County and a member of the Armed Services or by a ci- OWSLEY graduated from Sonora High School. In 1978, vilian contractor employed on behalf of the he embarked on a career in law enforcement Department of Defense or Central Intel- ligence Agency regarding the treatment of HON. JO ANN EMERSON with the Sonora Police Department where he detainees or prisoners; and OF MISSOURI served as a traffic officer and driving instruc- (21) any reports or documents reflecting IN THE HOUSE OF REPRESENTATIVES tor. Three years later, Dave joined the Ocean- the death or injury of prisoners or detainees. side Police Department where he served for 8 Wednesday, June 23, 2004 f years. He worked as a patrol officer and then Mrs. EMERSON. Mr. Speaker, I rise today served as a motor officer where he helped TRIBUTE TO WYNNE BRIGHT, 2004 to pay tribute to a great American and a great new officers hone their motorcycle driving CALIFORNIA MOTHER OF THE Missourian, Colonel Edward Owsley, who skills. In 1989, Dave returned to Tuolumne YEAR passed away Monday at the age of 91. Colo- County and joined the Sheriff’s Department. nel Owsley represented the best attributes of He worked various assignments including pa- HON. HOWARD L. BERMAN our Nation, through his service and sacrifice to trol, investigations, narcotics, coroner, hostage OF CALIFORNIA our Nation in World War II, and of our state, negotiation, and was coordinator for the de- IN THE HOUSE OF REPRESENTATIVES by returning to Missouri to improve our com- partment’s search-and-rescue team. munity in every way he could. He is survived by his wife Richie Grant and Wednesday, June 23, 2004 In his 26 years of active military service, his four children. Mr. BERMAN. Mr. Speaker, I rise today to Colonel Owsley attained the rank of colonel. Mr. Speaker, I rise today to recognize David pay tribute to Wynne Bright, a remarkable He served with honor in the Far East Cam- Grant for his remarkable service to his com- woman from my Congressional District who paigns during World War II. Colonel Owsley munity. I invite my colleagues to join me in was chosen as the 2004 California Mother of retired in 1966, after his final duty as chief of honoring him posthumously for his commit- the Year. She earned this recognition for her staff at Fort Leonard Wood in Missouri. ment to bettering this world through valiant lifelong dedication and unconditional love and But Colonel Ed (as we called him) did not service, touching lives both in the Central Val- support to her family, and for her many out- stop serving our Nation when he retired from ley of California and the law enforcement com- standing contributions to our community. his post. As state president of the Association munity statewide.

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.013 E23PT1 E1220 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2004 A PROCLAMATION IN MEMORY OF Centre, which marked an important step to- AMERICAN JOBS CREATION ACT NINA DISCIPIO ward the development of a free press. Today, OF 2004 five million Afghan girls and boys are attend-

HON. ROBERT W. NEY ing school. The economy is estimated to have SPEECH OF OF OHIO grown by 20 percent this year, and 3.8 million IN THE HOUSE OF REPRESENTATIVES people have registered to vote, of which 35.4 HON. BETTY McCOLLUM percent are female. Health centers have been Wednesday, June 23, 2004 OF MINNESOTA developed to provide basic services, espe- Mr. NEY. Mr. Speaker: cially to women and children. IN THE HOUSE OF REPRESENTATIVES Whereas, I hereby offer my heartfelt condo- lences to the family and friends of Nina The national army and the national police Thursday, June 17, 2004 DiScipio; and are being rebuilt. Three million refugees have Whereas, Nina DiScipio was a loving wife, returned to the country. Girls are returning to Ms. MCCOLLUM. Mr. Speaker, today the mother, grandmother, and great grandmother schools where their presence was once forbid- House is considering legislation touted as a to the members of her family; and den. Women, invisible under Taliban rule, are bill to create jobs and help our struggling man- Whereas, Nina DiScipio took pride in her returning to the public sphere, where they can ufacturing industry when in fact it does nothing role as a mother and homemaker and was once again be productive members of society, of the sort. Instead, H.R. 4520 would give U.S. named the Ohio Valley Chamber of Com- contributing to cultural and economic growth. multinational corporations more incentive to merce Mother of the Year in 1990, receiving In the parliament, 25 percent of the seats ship jobs overseas, adds $34 billion to the def- recognition from the Ohio House of Rep- have been reserved for women. Slowly but icit and includes billions in tax breaks for spe- resentatives for this honor; and surely, Afghanistan is being rebuilt. cial interests, while failing to help small busi- Whereas, Nina, who gave continuous sup- nesses. Small business firms create 75 per- port to her community, earned an appoint- Despite this progress, our job is not yet cent of all new U.S. jobs every year and ment, by Governor James A. Rhodes, to the complete. Our presence is needed until fair Jefferson Technical Board of Trustees in elections under a democratic system can be should be receiving tax relief in today’s legisla- 1980. In 2002, the Nina Gentile Scholarship guaranteed to the people of Afghanistan. Pri- tion. was established in her honor; and vate militias must be disarmed and disbanded. In addition to a $10 billion tobacco buyout, Whereas, in 2003, The Franciscan Univer- The production of narcotics must cease. Clean this legislation includes tax breaks for special sity Steubenville honored Nina and her hus- water and electricity must reach the Afghan interests such as bow and arrow makers, tack- band Tony by naming the University’s art gal- people and health care must improve. le box companies, and sonar fish finders. Un- lery, The Gentile Gallery, and presenting them ‘‘Afghanistan is open for business and fortunately the House Republican leadership with the Founder’s Award; and American companies are most welcome,’’ chose to use the FSC/ETI repeal to provide a Whereas, the kindness and compassion she Karzai stated. ‘‘Together, we will make Af- broad and complex tax break for large cor- showed towards others will stand as a re- ghanistan a great success and an enduring porations, rather than more focused relief that minder of a truly remarkable person. Her life and love gave joy to all who knew her; and example of a prosperous democratic society. would also benefit smaller manufacturers and Therefore, while I understand how words Our shared success in Afghanistan is vital to farm cooperatives that create jobs and have cannot express our grief at this most trying of achieving victory over the greatest menace the production solely in the U.S. times, I offer this token of profound sympathy world faces today—terrorism and extremism.’’ Even the Bush Administration has ex- to the family and friends Nina DiScipio. Afghanistan deserves to make its goals a re- pressed concern over several of the provisions f ality. We must ensure that Afghanistan has of the bill. This legislation, by offering tax relief the dignity that is afforded by democracy and to manufacturing firms, but not giving a clear HONORING PRESIDENT HAMID that is the right of every human being. KARZAI—PRESIDENT OF AF- definition of what a manufacturing firm is, cre- GHANISTAN As someone who served in a war zone, I ates incentive for firms to characterize them- was most struck by President Karzai’s grati- selves as in manufacturing opening the tax HON. ROB SIMMONS tude to the American people: ‘‘I thank you and code up to new abuses. For example, efforts the people of this great country for your gen- have already been underway to include food OF CONNECTICUT erosity and the commitment to our people. processing and the mixing of water and con- IN THE HOUSE OF REPRESENTATIVES You have supported us with your resources, centrate to make a soft drink in the definition Wednesday, June 23, 2004 with your leadership in the world community, of manufacturing. Congress should not be cre- Mr. SIMMONS. Mr. Speaker, I rise today to and most importantly with the precious lives of ating incentives for businesses to manipulate reflect on the recent visit of Hamid Karzai, your soldiers.’’ He recognized the sacrifice and their services. President of Afghanistan, to Washington, DC. valor of the American soldiers who volun- There is a bipartisan proposal in Congress In his address before Congress on Tuesday, teered their lives so that an oppressed people to stop the sanctions and create American June 15th, President Karzai spoke movingly in a distant land could be free. about the troubled past, the current progress, jobs, but the Republican leadership blocked and the promising future of Afghanistan. He Upon hearing President Karzai’s words, I Democrats from offering this legislation as a called upon Congress to continue aiding Af- was reminded of Pat Tillman, the National substitute. This substitute would strike the pro- ghanistan in rebuilding a society that has been Football League recruit who gave up a multi- visions that promote shipping jobs overseas, caught in an ideological crossfire for the past million dollar contract to serve as an Army add provisions to create more jobs in the U.S. 25 years. Ranger and lost his life in Afghanistan. Tillman by giving tax relief to American manufacturing The United States was duly congratulated refused interviews on the grounds that he was including small business and farmers, and for completed work toward rebuilding Afghani- no better than any soldier who had volun- strikes the narrow special interest provisions. stan and admonished for ignoring the teered to serve in the Armed Forces. His hu- Furthermore the substitute is paid for by Taliban’s oppression until the regime’s extre- mility, his willingness to give up a comfortable cracking down on tax shelters and corpora- mism was manifested so tragically in the at- life for a difficult one, his commitment to pro- tions and individuals that move abroad to tacks on the World Trade Center and the Pen- tecting American values and fighting tyranny avoid paying taxes. tagon. In his speech, President Karzai af- proved him to be a true American hero. I strongly support providing tax relief to our firmed the importance of our presence in Af- ghanistan. We are in Afghanistan today not to I congratulate President Karzai on the manufacturing firms, businesses and family dictate what Afghanistan will become, but to progress he has made toward rebuilding Af- farmers, but it is irresponsible to only provide ensure an environment of stability and free- ghanistan. Our troops will continue to serve in tax relief to large multinational corporations. I dom that fosters democracy and true self-de- that land so that a long-suffering people can urge my colleagues to oppose this legislation termination. prosper freely. I offer my whole-hearted sup- and instead pass a bill that would provide ben- I commend President Karzai for the port to him and the people of Afghanistan in efits to all U.S. manufacturing firms, big and progress that already has been made—most building a nation where power lies once again small, without the costly special interest recently the opening of the International Press in the hands of its people. buyoffs found in this legislation.

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JN8.017 E23PT1 June 23, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1221 HONORING EASTGATE BAPTIST IN RECOGNITION OF THE 10TH AN- UNITED NATIONS INTERNATIONAL CHURCH NIVERSARY OF MENDOCINO TORTURE SURVIVORS DAY COAST CLINICS, INC HON. DALE E. KILDEE HON. DENNIS J. KUCINICH OF MICHIGAN OF OHIO IN THE HOUSE OF REPRESENTATIVES HON. MIKE THOMPSON IN THE HOUSE OF REPRESENTATIVES Wednesday, June 23, 2004 OF CALIFORNIA Wednesday, June 23, 2004 Mr. KILDEE. Mr. Speaker, I rise before you IN THE HOUSE OF REPRESENTATIVES today to acknowledge the 50th anniversary of Mr. KUCINICH. Mr. Speaker, I would like to Wednesday, June 23, 2004 Eastgate Baptist Church of Burton, MI, where thank the Congressional Human Rights Cau- the Rev. Levi Parish is pastor. On Sunday, Mr. THOMPSON of California. Mr. Speaker, cus co-Chairs, Congressman LANTOS and July 4, 2004, the Church along with the com- I rise today in recognition of Mendocino Coast Congressman WOLF, for inviting me to speak munity will commemorate this joyous occasion Clinics, Inc. as it celebrates its 10th anniver- at this important event. with a full day of festivities that will conclude sary of service to the community. June 26 marks the United Nations’ inter- with a flag raising ceremony. national day in support of torture victims. This A great event happened in the community of On July 1, 1994, direct medical services declared day honors the essential human right Burton, MI in 1954, when 32 individuals came were transferred to Mendocino Coast Clinics, of freedom from torture for all, as guaranteed together and formed one of the most spirit Inc. from the Mendocino County Public Health by international law and defined under the filled ministries in Genesee County. The Department, so they could shift their focus United Nations Convention against Torture. church was named Providence Baptist until from patient care to public health issues. Despite this international law, however, over 1965 when the name changed to Eastgate Over the past 10 years, Mendocino Coast 117 countries still practice torture, according to Baptist. Also during that same year they relo- Clinics, Inc. has grown substantially in re- Amnesty International. cated to their present place of worship at 4226 sponse to community needs. In 1994, 9 em- East Atherton Road. During the past 50 years It is a practice that occurs both in undemo- ployees provided 6,507 medical services to cratic societies as well as in countries that are Eastgate Baptist Church has made a signifi- 2,546 patients. In 2004, 60 employees will cant impact on the community. The members U.S. allies and that receive significant U.S. for- provide a projected 27,300 medical consulta- eign aid. Torture is used against politicians, of Eastgate have consistently heeded the call tions to 4,600 patients. A total of 169,612 pa- of Christ to assist all those who are in need union leaders, journalists, health professionals, tient encounters have been provided over the human rights defenders, people in detention or of spiritual healing. The inspiration for living by last 10 years and now include dental care, be- Christian ideals is repeated again and again in prison, members of ethnic or religious minori- havioral health, telemedicine and specialty ties, student leaders, and ordinary citizens, the lives of the ministers and congregation of medical services. this church. I pray that during this glorious children as well as adults. milestone the members and community of this In 2003 Mendocino Coast Clinics, Inc. built The physical and psychological ramifications magnificent church will come together and do a new facility to accommodate its expansion of of torture are incomprehensible and can last a as the Bible tells us in Psalms 33:1–4 ‘‘Re- services, including its bilingual and culturally lifetime. There is an estimated 100 million tor- joice in the Lord, O you righteous! For praise appropriate care to residents. The need for ture survivors worldwide, with 500,000 foreign from upright is beautiful. Praise the Lord with comprehensive health services in this rural torture survivors residing in the United States. the harp; make melody to Him with an instru- coastal area was acknowledged when the Rehabilitation centers have been set up ment of ten strings. Sing to him a new song; Mendocino Coast Clinics, Inc. received a New around the world to treat victims of torture, yet play skillfully with a shout of joy. For the word Start Community Health Center Program more must still be done. Today we will hear of the Lord is right and all his work is done in Grant from the Department of Health and testimonies from expert witnesses regarding truth.’’ Human Services in 2003. the treatment of torture from the perspectives Mr. Speaker, as the Member of Congress Mr. Speaker, Mendocino Coast Clinics, Inc. of human rights workers, physicians, and tor- representing Burton, MI, I ask my colleagues has diligently provided health care services to ture survivors. in the 108th Congress to please join me in this community with respect and dignity, re- At this time I would like to thank the Human paying tribute to the Eastgate Baptist Church gardless of a patient’s ability to pay. It is Rights Caucus and the Torture Abolition and community for 50 years of spreading God’s therefore appropriate to honor Mendocino Survivors Support Committee for hosting this ministry to the people of Burton, MI, and in Coast Clinics, Inc. on its 10th anniversary and important and timely briefing. wishing them the best in years to come. commend it for its success.

VerDate mar 24 2004 04:13 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JN8.021 E23PT1 E1222 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2004 SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED JULY 14 10 a.m. Title IV of Senate Resolution 4, JUNE 25 Indian Affairs agreed to by the Senate on February 4, 9:30 a.m. Business meeting to consider pending 1977, calls for establishment of a sys- Armed Services calendar business; to be followed by an tem for a computerized schedule of all To hold hearings to examine the transi- oversight hearing on the implementa- meetings and hearings of Senate com- tion to sovereignty in Iraq, focusing on tion of the American Indian Religious U.S. policy, ongoing military oper- Freedom Act of 1978. mittees, subcommittees, joint commit- ations, and status of U.S. Armed Room to be announced tees, and committees of conference. Forces. This title requires all such committees SD–106 JULY 21 to notify the Office of the Senate Daily 10 a.m. JULY 7 Digest—designated by the Rules Com- Indian Affairs mittee—of the time, place, and purpose 10 a.m. To hold hearings to examine S. 519, to es- Indian Affairs tablish a Native American-owned fi- of the meetings, when scheduled, and Business meeting to consider pending nancial entity to provide financial any cancellations or changes in the calendar business. services to Indian tribes, Native Amer- meetings as they occur. SR–485 2 p.m. ican organizations, and Native Ameri- As an additional procedure along Conferees cans. with the computerization of this infor- Meeting of conferees on H.R. 3550, to au- SR–485 mation, the Office of the Senate Daily thorize funds for Federal-aid highways, SEPTEMBER 21 Digest will prepare this information for highway safety programs, and transit programs. 10 a.m. printing in the Extensions of Remarks Room to be announced Veterans’ Affairs section of the CONGRESSIONAL RECORD To hold joint hearings with the House on Monday and Wednesday of each JULY 13 Committee on Veterans’ Affairs to ex- week. 10 a.m. amine the legislative presentation of United States Senate Caucus on Inter- the American Legion. Meetings scheduled for Thursday, national Narcotics Control 345 CHOB June 24, 2004 may be found in the Daily To hold hearings to examine the abuse of Digest of today’s RECORD. anabolic steroids and their precursors by adolescent amateur athletes. SD–215

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HIGHLIGHTS Senate passed the Ronald W. Reagan National Defense Authorization Act. The House passed H.R. 4548, Intelligence Authorization Act for Fiscal Year 2005. House Committees ordered reported 10 sundry measures, including the following appropriations for fiscal year 2005: Commerce, Justice, State, Judiciary and Related Agencies; Agriculture, Rural Development, Food and Drug Administration and Related Agencies; and Legislative. Senate Energy Employees Occupational Illness Compensa- Chamber Action tion Program and to provide for the disposal of cer- Routine Proceedings, pages S7203–S7276 tain excess Department of Defense stocks for funds Measures Introduced: Eleven bills and two resolu- for that purpose. Pages S7204, S7218–21 tions were introduced, as follows: S. 2561–2571, and By 71 yeas to 27 nays (Vote No. 137), Warner S. Res. 389–390. (See next issue.) (for McConnell) Amendment No. 3472, to require a report on the stabilization of Iraq. Measures Passed: Pages S7207–10, S7224 Child Nutrition and WIC Reauthorization Act: Feingold Modified Amendment No. 3288, to re- Senate passed S. 2507, to amend the Richard B. name and modify the authorities relating to the In- Russell National School Lunch Act and the Child spector General of the Coalition Provisional Author- Nutrition Act of 1966 to provide children with in- ity. Pages S7204, S7267–68 creased access to food and nutrition assistance, to Landrieu/Snowe Modified Amendment No. 3315, simplify program operations and improve program to substitute the substantive text of S. 1916, but management, to reauthorize child nutrition pro- without the restriction on the maximum premium grams, after agreeing to the following amendment chargeable for SBP participation initiated by enroll- proposed thereto: Pages S7244–65 ment during the special period of open enrollment. Crapo (for Cochran/Harkin) Amendment No. Pages S7204, S7268–70 3474, in the nature of a substitute. Pages S7249–65 Reid (for Akaka) Modified Amendment No. 3414, Ronald W. Reagan National Defense Authoriza- to provide for a report on the recruitment and retention Act: By a unanimous vote of 97 yeas (Vote No. tion of individuals with foreign language skills. 146), Senate passed S. 2400, to authorize appropria- Pages S7204, S7270–71 tions for fiscal year 2005 for military activities of the Warner (for Inhofe) Modified Amendment No. Department of Defense, for military construction, 3280, to reauthorize energy saving performance con- and for defense activities of the Department of En- tracts. Pages S7204, S7211, S7273–74 ergy, to prescribe personnel strengths for such fiscal Levin (for Reed/Kohl) Modified Amendment No. year for the Armed Services, after taking action on 3355, to clarify the fiscal year 2004 funding level for the following amendments proposed thereto: a National Institute of Standards and Technology ac- (See next issue.) count. Pages S7205, S7271 Adopted: Warner (for Lott) Amendment No. 3220, to re- Bond Further Modified Amendment No. 3384, to peal the authority of the Secretary of Defense to rec- include certain former nuclear weapons program ommend that installations be placed in inactive sta- workers in the Special Exposure Cohort under the tus as part of the recommendations of the Secretary D676

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 June 23, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D677 during the 2005 round of defense base closure and construction of a consolidated electronic integration realignment. Pages S7204, S7271 and support facility to house the command and con- Warner (for Bennett/Hatch) Modified Amendment trol systems engineering and design work of the No. 3373, to require a report on encroachment Space and Naval Warfare Systems Center, Charles- issues affecting Utah Test and Training Range, ton, and to provide offsets, including the elimination Utah. Page S7204 of the authorization of appropriations of Bingaman Modified Amendment No. 3459, to re- $10,358,000 for military construction at Charleston, quire reports on the detainment of foreign nationals South Carolina, for the construction of a readiness by the Department of Defense and on Department center for the Army National Guard. Page S7273 of Defense investigations of allegations of violations Warner Amendment No. 3484, to add an amount of the Geneva Convention. Pages S7271–72 for a bed-down initiative to enable the C–130 air- Levin (for Dodd) Modified Amendment No. 3311, craft of the Idaho Air National Guard to be the per- to provide for a report on offset requirements under manent carrier of the SENIOR SCOUT mission shel- certain contracts. Pages S7204, S7272 ters of the 169th Intelligence Squadron of the Utah Warner Amendment No. 3476, to provide for ap- Air National Guard. Pages S7218–21, S7273 propriate coordination in the preparation of the man- Daschle Amendment No. 3468 (to Amendment agement plan for contractor security personnel. No. 3409), to assure that funding is provided for Page S7272 veterans health care each fiscal year to cover increases Warner Amendment No. 3477, to provide for ap- in population and inflation. Pages S7204, S7274 propriate coordination in the preparation of the re- Reid (for Leahy) Amendment No. 3387, relative port on contractor performance of security, intel- to the treatment of foreign prisoners. (By 45 yeas to ligence, law enforcement, and criminal justice func- 50 nays (Vote No. 143), Senate earlier failed to table tions, and to add other congressional committee re- the amendment.) Pages S7204, continued next issue cipients for the report. Page S7272 Rejected: Warner Amendment No. 3478, to provide for ap- By 48 yeas to 50 nays (Vote No. 138), Levin (for propriate coordination in the preparation of the re- Kennedy) Amendment No. 3377, to require reports port on contractor security in Iraq, and to add other on the efforts of the President to stabilize Iraq and congressional committee recipients for the report. relieve the burden on members of the Armed Forces Page S7272 of the United States deployed in Iraq and the Per- Warner Amendment No. 3479, to provide for the sian Gulf region. Pages S7204, S7225 space posture review to be a joint undertaking of the By 45 yeas to 53 nays (Vote No. 139), Reed Secretary of Defense and the Director of Central In- Amendment No. 3353, to limit the obligation and telligence. Page S7272 expenditure of funds for the Ground-based Mid- Warner Amendment No. 3480, to add the Select course Defense program pending the submission of Committee on Intelligence and the Permanent Select a report on operational test and evaluation. Committee on Intelligence of the House of Rep- Pages S7204, S7210–13, S7225 resentatives as recipients of the report of the panel By 40 yeas to 58 nays (Vote No. 140), Levin (for on the future of military space launch. Page S7272 Byrd) Amendment No. 3423, to modify the number Warner Amendment No. 3481, to add the Direc- of military personnel and civilians who may be as- tor of Central Intelligence as an approving official signed or retained in connection with Plan Colom- for Department of Defense assistance to Iraq and Af- bia. Pages S7204, S7213–18, S7225–26 ghanistan military and security forces in certain By 46 yeas to 50 nays (Vote No. 144), Leahy/ cases. Page S7272 Corzine Amendment No. 3485 (to Amendment No. Levin (for Reid/Lieberman) Modified Amendment 3387), to direct the Attorney General to submit to No. 3342, to require a plan on the implementation the Committee on the Judiciary of the Senate all and utilization of flexible personnel management au- documents in the possession of the Department of thorities in Department of Defense laboratories. Justice relating to the treatment and interrogation of Pages S7272–73 individuals held in the custody of the United States. Warner/Levin Amendment No. 3482, to express Pages S7274–75, continued next issue the sense of the Senate regarding the return of mem- Withdrawn: bers of the Armed Forces to active service upon reha- Levin (for Feingold) Amendment No. 3400, to en- bilitation from service-related injuries. Page S7273 able military family members to take leave to attend Levin (for Hollings) Amendment No. 3483, to au- to deployment-related business and tasks. thorize, and authorize the appropriation of, Pages S7204, S7265–67 $18,140,000 for military construction at Navy Warner Amendment No. 3460 (to Amendment Weapons Station, Charleston, South Carolina, for the No. 3459), in the nature of a substitute. Page S7204

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 D678 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2004 Warner (for Bennett) Amendment No. 3403, to Levin (for Kennedy) Amendment No. 3201, to as- prohibit a full-scale underground nuclear test of the sist school districts serving large numbers or per- Robust Nuclear Earth Penetrator weapon without a centages of military dependent children affected by specific authorization of Congress. Page S7204 the war in Iraq or Afghanistan, or by other Depart- Warner (for McCain) Amendment No. 3442, to ment of Defense personnel decisions. Page S7204 impose requirements for the leasing of aerial refuel- Ensign Amendment No. 3467 (to Amendment ing aircraft for the Air Force. Page S7204 No. 3315), to provide a fiscally responsible open en- Warner (for McCain) Amendment No. 3443, to rollment authority. (Senate vitiated earlier adoption impose requirements for the aerial refueling aircraft of the amendment). Pages S7204, S7269 program of the Air Force. Page S7204 During consideration of this measure today, Senate Warner (for McCain) Amendment No. 3444, to also took action the following action: restrict leasing of aerial refueling aircraft by the Air By 49 yeas to 49 nays (Vote No. 136), three-fifths Force. Page S7204 of those Senators duly chosen and sworn, not having Warner (for McCain) Amendment No. 3445, to voted in the affirmative, Senate rejected the motion prohibit the leasing of Boeing 767 aircraft by the to waive section 302(f) of the Congressional Budget Air Force. Page S7204 Act of 1974 with respect to Levin (for Corzine) Levin (for Biden/Lugar) Amendment No. 3378, to Amendment No. 3303, to amend title 10, United provide certain authorities, requirements, and limita- States Code, to reduce the age for receipt of military tions on foreign assistance and arms exports. retired pay for nonregular service from 60 to 55. Page S7204 Subsequently, the point of order that the amendment Levin (for Byrd) Amendment No. 3286, to restrict would increase mandatory spending, was sustained, acceptance of compensation for contractor employ- and the amendment thus fell. Pages S7223–24 ment of certain executive branch policymakers after A unanimous-consent agreement was reached pro- termination of service in the positions to which ap- viding that Senator Smith be authorized to change pointed. Page S7204 his vote from nay to yea with respect to Vote No. Levin (for Daschle) Amendment No. 3328, to re- 129 (changing the vote tally to 94 yeas to 3 nays), quire the Secretary of the Air Force to maintain 3 on Reed Amendment No. 3352, to increase the end additional B–1 bomber aircraft, in addition to the strength for active duty personnel of the Army for current fleet of 67 B–1 bomber aircraft, as an attri- fiscal year 2005 by 20,000 to 502,400, agreed to on tion reserve for the B–1 bomber aircraft fleet. June 17, 2004. (See next issue.) Page S7204 Warner (for Gregg) Amendment No. 3475 (to Levin (for Daschle) Amendment No. 3330, to au- Amendment No. 3400), to enable military family thorize the provision to Indian tribes of excess non- members to take time off to attend to deployment- lethal supplies of the Department of Defense. related business, tasks, and other family issues, fell Page S7204 when Levin (for Feingold) Amendment No. 3400 Levin (for Dayton) Amendment No. 3203, to re- (listed above) was withdrawn. Pages S7265–67 quire a periodic detailed accounting of costs and ex- By 49 yeas to 48 nays (Vote No. 145), three-fifths penditures for Operation Iraqi Freedom, Operation of those Senators duly chosen and sworn, not having Enduring Freedom, and all other operations relating voted in the affirmative, Senate rejected the motion to the Global War on Terrorism. Page S7204 to waive section 302(f) of the Congressional Budget Levin (for Dodd) Amendment No. 3310, to Act of 1974, with respect to Reid (for Daschle) amend the Federal Law Enforcement Pay Reform Act Amendment No. 3409, to assure that funding is of 1990 to adjust the percentage differentials payable provided for veterans health care each fiscal year to to the Federal law enforcement officers in certain cover increases in population and inflation. Subse- high-cost areas. Page S7204 quently, the point of order that the amendment Levin (for Graham) (FL)) Amendment No. 3300, would increase mandatory spending, was sustained, to amend the Haitian Refugee Immigration Fairness and the amendment thus fell. Page S7204, continued next issue Act of 1998. Page S7204 Levin (for Leahy) Amendment No. 3388, to ob- Department of Defense Authorization: Senate tain a full accounting of the programs and activities passed S. 2401, to authorize appropriations for fiscal of the Iraqi National Congress. Page S7204 year 2005 for military activities of the Department Levin Amendment No. 3336, to authorize the of Defense, and to prescribe personnel strengths for demolition of facilities and improvements on certain such fiscal year for the Armed Forces, after striking military installations approved for closure under the all after the enacting clause and inserting in lieu defense base closure and realignment process. thereof Division A of S. 2400, National Defense Au- Page S7204 thorization, as amended. (See next issue.)

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Military Construction Authorization: Senate during his tenure of service as U.S. Representative to passed S. 2402, to authorize appropriations for fiscal the United Nations. (See next issue.) year 2005 for military construction, after striking all Nominations Confirmed: Senate confirmed the fol- after the enacting clause and inserting in lieu thereof lowing nominations: Division B of S. 2400, National Defense Authoriza- By unanimous vote of 98 yeas (Vote No. Ex. 141), tion, as amended. (See next issue.) Juan R. Sanchez, of Pennsylvania, to be United Department of Energy Defense Activities Au- States District Judge for the Eastern District of thorization: Senate passed S. 2403, to authorize ap- Pennsylvania. Pages S7226–28, S7276 propriations for fiscal year 2005 for defense activities By unanimous vote of 94 yeas (Vote No. Ex. 142), of the Department of Energy, after striking all after Walter D. Kelley, Jr., of Virginia, to be United the enacting clause and inserting in lieu thereof Di- States District Judge for the Eastern District of Vir- vision C of S. 2400, National Defense Authorization, ginia. Pages S7228–29, S7276 as amended. (See next issue.) Messages From the House: (See next issue.) National Defense Authorization: Senate passed Measures Referred: (See next issue.) H.R. 4200 to authorize appropriations for fiscal year Measures Placed on Calendar: (See next issue.) 2005 for military activities of the Department of Defense, for military construction, and for defense Enrolled Bills Presented: (See next issue.) activities of the Department of Energy, to prescribe Executive Communications: (See next issue.) personnel strengths for such fiscal year for the Petitions and Memorials: (See next issue.) Armed Forces, after striking all after the enacting clause and inserting in lieu thereof the text of S. Additional Cosponsors: (See next issue.) 2400, Senate companion measure, as amended and Statements on Introduced Bills/Resolutions: passed by the Senate. Pages S7204–21, S7223–26, S7230 (See next issue.) National Fetal Alcohol Spectrum Disorders Day: Additional Statements: (See next issue.) Senate agreed to S. Res. 390, designating September Amendments Submitted: (See next issue.) 9, 2004, as ‘‘National Fetal Alcohol Spectrum Dis- Authority for Committees to Meet: (See next issue.) orders Day’’. (See next issue.) Privilege of the Floor: (See next issue.) Surface Transportation Extension Act: Senate passed H.R. 4635, to provide an extension of high- Record Votes: Eleven record votes were taken way, highway safety, motor carrier safety, transit, today. (Total—146) and other programs funded out of the Highway Pages S4821–24, continued next issue Trust Fund pending enactment of a law reauthor- Adjournment: Senate convened at 9:31 a.m., and izing the Transportation Equity Act for the 21st adjourned at 11:45 p.m., until 10 a.m., on Thurs- Century, clearing the measure for the President. day, June 24, 2004. (For Senate’s program, see the (See next issue.) remarks of the Majority Leader in today’s Record on Class Action Fairness Act—Agreement: A unani- pages S7275–76.) mous-consent agreement was reached providing that the previous order with respect to S. 2062, to amend Committee Meetings the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class (Committees not listed did not meet) members and defendants, be vitiated, and the Senate PESTICIDE AND PRICE COMPETITIVENESS then proceed to its consideration upon the disposi- Committee on Agriculture, Nutrition, and Forestry: Sub- tion of the Defense Appropriations Bill. committee on Production and Price Competitiveness (See next issue.) concluded a hearing to examine S. 1406, to amend Nomination Agreement: A unanimous-consent the Federal Insecticide, Fungicide, and Rodenticide agreement was reached providing that at 10 a.m., on Act to permit the Administrator of the Environ- Thursday, June 24, Senate begin consideration of the mental Protection Agency to register a Canadian nomination of John C. Danforth, of Missouri, to be pesticide, after receiving testimony from Senator a U.S. Representative to the United Nations, with Dorgan; Adam Sharp, Associate Assistant Adminis- the rank and status of Ambassador, and the U.S. trator, Office of Prevention, Pesticides, and Toxic Representative in the Security Council of the United Substances, Environmental Protection Agency; Jim Nations, and to be U.S. Representative to the Ses- Gray, North Dakota Department of Agriculture, Bis- sions of the General Assembly of the United Nations marck, on behalf of the National Association of State

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 D680 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2004 Departments of Agriculture; Mark Gage, Page, S. 2547, to amend the Migratory Bird Treaty Act North Dakota, on behalf of the National Association to exclude non-native migratory bird species from of Wheat Growers; and Jay Vroom, CropLife Amer- the application of that Act; ica, Washington, D.C. S. 2554, to provide for the consideration and development of water and related resources, to author- PEER-TO-PEER TECHNOLOGY ize the Secretary of the Army to construct various Committee on Commerce, Science, and Transportation: Sub- projects for improvements to rivers and harbors of committee on Competition, Foreign Commerce, and the United States, with an amendment in the nature Infrastructure concluded a hearing to examine the of a substitute; potential benefits and detriments to both consumers S. 1134, to reauthorize and improve the programs and content providers from the anticipated uses of authorized by the Public Works and Economic De- internet peer-to-peer file distribution technology in velopment Act of 1965, with amendments; the future, focusing on ‘‘filesharing’’ of film and H.R. 1572, to designate the United States court- music, after receiving testimony from Howard Beales house located at 100 North Palafox Street in Pensa- III, Director, Bureau of Consumer Protection, Fed- cola, Florida, as the ‘‘Winston E. Arnow United eral Trade Commission; John Rose, EMI Group and States Courthouse’’; EMI Music, New York, New York; Michael Weiss, S. 2385, to designate the United States courthouse StreamCast Networks, Inc., Woodland Hills, Cali- at South Federal Place in Santa Fe, New Mexico, as fornia; Les Ottolenghi, INTENT MediaWorks, LLC, the ‘‘Santiago E. Campos United States Courthouse’’; Atlanta, Georgia; and Curt Pederson, Oregon State and University Corvallis. S. 2398, to designate the Federal building located at 324 Twenty-Fifth Street in Ogden, Utah, as the GRAZING REGULATIONS James V. Hansen Federal Building. Committee on Energy and Natural Resources: Sub- NOMINATIONS committee on Public Lands and Forests concluded a Committee on Foreign Relations: Committee concluded hearing to examine the grazing programs of the Bu- a hearing to examine the nominations of June Carter reau of Land Management and the Forest Service, in- Perry, of the District of Columbia, to be Ambassador cluding permit renewals, recent and proposed to the Kingdom of Lesotho, Joyce A. Barr, of Wash- changes to grazing regulations, and the Wild Horse ington, to be Ambassador to the Republic of Na- and Burro program, as it relates to grazing, and the mibia, R. Barrie Walkley, of California, to be Am- Administration’s proposal for sagegrouse habitat con- bassador to the Gabonese Republic, and to serve conservation, after receiving testimony from Jim currently and without additional compensation as Hughes, Deputy Director, Bureau of Land Manage- Ambassador to the Democratic Republic of Sao ment, Department of the Interior; Tom L. Thomp- Tome and Principe, James D. McGee, of Florida, to son, Deputy Chief, National Forest System, Depart- be Ambassador to the Republic of Madagascar, Cyn- ment of Agriculture; Peter Andrew Groseta, Cotton- thia G. Efird, of the District of Columbia, to be wood, Arizona, on behalf of the Public Lands Coun- Ambassador to the Republic of Angola, Jackson cil and the National Cattlemen’s Beef Association; McDonald, of Florida, to be Ambassador to the Re- Mike G. Casabonne, New Mexico Public Lands public of Guinea, and Christopher William Dell, of Council, Hope; and Bob M. Skinner, Oregon Cattle- New Jersey, to be Ambassador to the Republic of men’s Association, Jordon Valley. Zimbabwe, after the nominees testified and answered questions in their own behalf. BUSINESS MEETING NOMINATION Committee on Environment and Public Works: Com- Committee on Governmental Affairs: Committee con- mittee ordered favorably reported the following bills: cluded a hearing to examine the nomination of S. 2550, to amend the Federal Water Pollution David M. Stone, of Virginia, to be an Assistant Sec- Control Act and the Safe Drinking Water Act to retary of Homeland Security, after the nominee testi- improve water and wastewater infrastructure in the fied and answered questions in his own behalf. United States, with amendments; S. 2495, to strike limitations on funding and ex- WMD SMUGGLING NETWORKS tend the period of authorization for certain coastal Committee on Governmental Affairs: Subcommittee on wetland conservation projects; Financial Management, the Budget, and Inter- H.R. 2408, to amend the Fish and Wildlife Act national Security concluded a hearing to examine of 1956 to reauthorize volunteer programs and com- U.S. efforts to address the threat posed by the inter- munity partnerships for national wildlife refuges; national smuggling weapons of mass destruction

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technologies, and U.S. programs and initiatives, in- lated to Bureau of Indian Affairs’ tribal detention fa- cluding the Proliferation Security Initiative, to cilities, focusing on prison deaths and suicides, pris- counter these proliferation threats, after receiving oner escapes, and police officer safety, after receiving testimony from Peter Lichtenbaum, Assistant Sec- testimony from Earl E. Devaney, Inspector General, retary of Commerce for Export Administration; Mark David W. Anderson, Assistant Secretary for Indian T. Fitzpatrick, Acting Deputy Assistant Secretary of Affairs, both of the Department of the Interior; State for Nonproliferation Controls; David Albright, Tracy Henke, Principal Deputy Assistant Attorney Institute for Science and International Security, Mi- General, Department of Justice; Howard D. Rich- chael Moodie, Chemical and Biological Arms Con- ards, Sr., Southern Ute Indian Tribe, Ignacio, Colo- trol Institute, and Baker Spring, Heritage Founda- rado; Vivian Juan-Saunders, Hope MacDonald-Lone- tion, all of Washington, D.C.; and Leonard S. tree, Navajo Nation, Window Rock, Arizona; Spector, Monterey Institute of International Studies Tohono O’odham Nation, Sells, Arizona; Darrel Mar- Center for Nonproliferation Studies, Monterey, Cali- tin, Fort Belknap Indian Community Council, Har- fornia. lem, Montana; and Fred Guardipee, Blackfeet Tribal BUSINESS MEETING Business Council, Browning, Montana. Committee on Indian Affairs: Committee ordered favor- BIOLOGIC MEDICINE ably reported the following bills: S.J. Res. 37, to acknowledge a long history of of- Committee on the Judiciary: Committee concluded a ficial depredations and ill-conceived policies by the hearing to examine the law of biologic medicine, fo- United States Government regarding Indian Tribes cusing on scientific and legal limitations of the use and offer an apology to all Native Peoples on behalf of biologics which are drugs derived from living ma- of the United States, with an amendment in the na- terial, after receiving testimony from Lester M. ture of a substitute; and Crawford, Acting Commissioner of Food and Drugs, S. 1996, to enhance and provide to the Oglada and Daniel Troy, Associate General Counsel, both of Sioux Tribe and Angostura Irrigation Project certain the Food and Drug Administration, Department of benefits of the Pick-Sloan Missouri River basin pro- Health and Human Services; David Beier, Amgen gram, with an amendment in the nature of a sub- Inc., and William B. Schultz, Zuckerman Spaeder stitute LLP, on behalf of the Generic Pharmaceutical Asso- ciation, both of Washington, D.C.; Carole Ben-Mai- INDIAN TRIBAL DETENTION FACILITIES mon, Barr Research, Inc., Bala Cynwyd, Pennsyl- Committee on Indian Affairs: Committee concluded an vania; and William Hancock, Northeastern Univer- oversight hearing to examine issues and problems re- sity, Boston, Massachusetts. h House of Representatives campaign that resulted in the capture of the fort in Chamber Action 1862, amended (H. Rept. 108–563); Measures Introduced: Measures intoduced today H.R. 142, to amend the Reclamation Wastewater will appear in the next issue of the Record. and Groundwater Study and Facilities Act to author- Additional Cosponsors: (See next issue.) ize the Secretary of the Interior to participate in the Inland Empire regional water recycling project, to Reports Filed: Reports were filed today as follows: authorize the Secretary to carry out a program to as- H.R. 1156, to amend the Reclamation Waste- sist agencies in projects to construct regional brine water and Groundwater Study and Facilities Act to lines in California, and to authorize the Secretary to increase the ceiling on the Federal share of the costs participate in the Lower Chino Dairy Area desalina- of phase I of the Orange County, California, Re- tion demonstration and reclamation project, amend- gional Water Reclamation Project (H. Rept. ed (H. Rept. 108–564); and 108–562); H.R. 4056, to encourage the establishment of H.R. 646, to expand the boundaries of the Fort both long-term and short-term programs to address Donelson National Battlefield to authorize the acqui- the threat of man-portable air defense systems sition and interpretation of lands associated with the (MANPADS) to commercial aviation, amended (H. Rept. 108–565, Pt. 1). Page H4857

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 D682 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2004 Speaker: Read a letter from the Speaker wherein he Intelligence Authorization Act for FY 2005: The appointed Representative Shaw to act as Speaker Pro House passed H.R. 4548, to authorize appropriations Tempore for today. Page H4767 for fiscal year 2005 for intelligence and intelligence- Chaplain: The Prayer was offered today by Rev. related activities of the United States Government, Jack Davidson, Pastor, Redeemer Lutheran Church the Community Management Account, and the Cen- tral Intelligence Agency Retirement and Disability in Lancaster, Ohio. Page H4767 System, by a recorded vote of 360 ayes to 61 nays, Suspensions: The House agreed to suspend the rules Roll No. 300. Page H4770–78 and pass the following measures: Agreed that the amendment in the nature of a Surface Transportation Extension Act of 2004, substitute recommended by the Permanent Select Part III: H.R. 4635, to provide an extension of Committee on Intelligence now printed in the bill highway, highway safety, motor carrier safety, tran- be considered as an original bill for the purpose of sit, and other programs funded out of the Highway amendment. (See next issue.) Trust Fund pending enactment of a law reauthor- Rejected the Dicks motion to strike the enacting izing the Transportation Equity Act for the 21st clause by voice vote. Century, by a 2/3 yea-and-nay vote of 418 yeas with On the demand for a separate vote on the Sam none voting ‘‘nay’’, Roll No. 288; Johnson of Texas amendment agreed to in the Com- Pages H4778–85, H4822–23 mittee on the Whole, the House agreed to the amendment by a recorded vote of 304 ayes to 116 United States International Leadership Act of noes, Roll No. 298. (See next issue.) 2004: H.R. 4053, to improve the workings of inter- Rejected the Peterson of Minnesota motion to re- national organizations and multilateral institutions, commit the bill to the Permanent Select Committee by a 2/3 yea-and-nay vote of 365 yeas to 56 nays, on Intelligence with instructions to report the bill Roll No. 289; Pages H4785–89, H4823–24 back to the House forthwith with an amendment by Regarding the Security of Israel and the Prin- a yea-and-nay vote of 197 yeas to 224 nays, Roll ciples of the Middle East Peace: H. Con. Res. 460, No. 299. (See next issue.) regarding the security of Israel and the principles of Agreed to: peace in the Middle East, by a 2/3 yea-and-nay vote Goss amendment (No. 1 printed in H. Rept. of 407 yeas to 9 nays, and 3 voting ‘‘present’’, Roll 108–561) that restores the authorization for funds No. 290; Pages H4789–H4802, H4823–24 for the National Drug Intelligence Center to the Identity Theft Penalty Enhancement Act: H.R. level requested by the President in the fiscal year 1731, amended, to amend title 18, United States 2005 budget request; Pages H4839–40 Code, to establish penalties for aggravated identity Gallegly amendment (No. 2 printed in H. Rept. 108–561) that amends current law regarding des- theft; Pages H4808–12 ignations of Foreign Terrorist Organizations; Law Enforcement Officers Safety Act of 2003: Pages H4840–42 H.R. 218, amended, to amend title 18, United Ackerman amendment (No. 6 printed in H. Rept. States Code, to exempt qualified current and former 108–561) that requires the Director of Central Intel- law enforcement officers from State laws prohibiting ligence to report to the appropriate committees of the carrying of concealed handguns; Pages H4811–18 Congress on weapons of mass destruction in Pakistan Amending United States Code regarding the and Pakistani efforts to fight terrorism and strength- Department of Veteran’s Affairs home loan guar- en democratic institutions; anty program: H.R. 4345, to amend title 38, Pages H4852–53, continued next issue United States Code, to increase the maximum Boehlert amendment (No. 3 printed in H. Rept. amount of home loan guaranty available under the 108–561), as modified, that expresses the sense of home loan guaranty program of the Department of Congress regarding the dismantling and removal of Veterans Affairs. Pages H4818–21 weapons of mass destruction in Libya and other countries (by a recorded vote of 335 ayes to 83 noes, Suspension—Proceedings Postponed: The House Roll No. 291); Pages H4842–46, continued next issue completed debate on the following measure. Further Sam Johnson of Texas amendment (No. 4 printed proceedings were postponed. in H. Rept. 108–561) that expresses the sense of Recognizing the 40th Anniversary of Congres- Congress that the apprehension, detention, and inter- sional passage of the Civil Rights Act of 1964: H. rogation of terrorists are fundamental to the success- Res. 676, recognizing and honoring the 40th anni- ful prosecution of the Global War on Terror (by a versary of congressional passage of the Civil Rights recorded vote of 366 ayes to 51 noes, Roll No. 292); Act of 1964. Pages H4802–08 Pages H4846–48, continued next issue

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 June 23, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D683 Rogers of Michigan amendment (No. 5 printed in question be considered as ordered on the resolution H. Rept. 108–561) that expresses the sense of Con- to final adoption without intervening motion or de- gress in support of the efforts of the Intelligence mand for division of the question. (See next issue.) Community (by a recorded vote of 222 ayes to 195 Senate Message: Message received from the Senate noes, Roll No. 293); today appears on page H4767. Pages H4848–52, continued next issue Shays amendment (No. 7 printed in H. Rept. Senate Referral: S.J. Res. 33 and S. 2507 were or- 108–561) that expresses the sense of Congress that dered held at the desk. (See next issue.) the head of each element of the Intelligence Com- Amendments: Amendments ordered printed pursu- munity should make available to committees of Con- ant to the rule will appear in the next issue of the gress with jurisdiction, information relating to the Record. Office of Iraq Oil-for-Food Program of the United Quorum Calls—Votes: Five yea-and-nay votes and Nations (by a recorded vote of 419 ayes with none ten recorded votes developed during the proceedings voting ‘‘no,’’ Roll No. 294); of today and appear on pages H4821–22, H4822, Pages H4853–55, continued next issue H4822–23, H4823, H4823–24 (continued next Kucinich amendment (No. 8 printed in H. Rept. issue). There were no quorum calls. 108–561) that directs the Inspector General of the CIA to audit the evidence of relationship, existing Adjournment: The House met at 10 a.m. and at 12 prior to 9/11/2001, between the regime of Saddam midnight stands in recess subject to the call of the Hussein and al-Qaeda (by a recorded vote of 343 Chair. ayes to 76 noes, Roll No. 295); and Pages H4855, continued next issue Committee Meetings Simmons amendment (No. 9 printed in H. Rept. 108–561) that directs the Director of Central Intel- AGRICULTURAL BIOTECHNOLOGY REVIEW ligence to report to Congress on the progress the In- Committee on Agriculture: Subcommittee on Conserva- telligence Community is making in utilizing Open tion, Credit, Rural Development, and Research held Source Intelligence (by a recorded vote of 417 ayes a hearing to review Agricultural Biotechnology. Tes- to 1 no, Roll No. 296). (See next issue.) timony was heard from public witnesses. Rejected: COMMERCE, JUSTICE, STATE, JUDICIARY Reyes amendment (No. 10 printed in H. Rept. AND RELATED AGENCIES; AGRICULTURE 108–561) that sought to withhold funding for cer- RURAL DEVELOPMENT, FDA AND tain intelligence programs until the appropriate con- RELATED AGENCIES; AND LEGISLATIVE gressional committees receive all documents related APPROPRIATIONS to the handling and treatment of detainees in Iraq, Afghanistan, Guantanamo Bay and elsewhere (by a Committee on Appropriations: Ordered reported the fol- recorded vote of 149 ayes to 270 noes, Roll No. lowing appropriations for fiscal year 2005: Com- 297). (See next issue.) merce, Justice, State, Judiciary and Related Agen- Agreed that the Clerk be authorized to make cies; Agriculture, Rural Development, Food and technical and conforming changes to the bill as nec- Drug Administration and Related Agencies; and essary to reflect the actions of the House. Legislative. (See next issue.) FOREIGN OPERATIONS, EXPORT H. Res. 686, the rule providing for consideration FINANCING, AND RELATED PROGRAMS of the bill was agreed to by a recorded vote of 220 APPROPRIATIONS ayes to 200 noes, Roll No. 287, after agreeing to order the previous question by a yea-and-nay vote of Committee on Appropriations: Subcommittee on Foreign Operations, Export Financing, and Related Programs 222 yeas to 200 nays, Roll No. 286. Pages H4821–22 approved for full Committee action the Foreign Op- Resolution Congratulating the Interim Govern- erations, Export Financing and Related Programs ap- ment of Iraq—Order of Business: Agreed that it propriations for fiscal year 2005. be in order at any time to consider H. Res. 691, congratulating the interim government of Iraq on its U.S. GLOBAL DEFENSE FOOTPRINT assumption of full responsibility and authority as a Committee on Armed Services: Held a hearing on the sovereign government; that the resolution shall be U.S. global defense footprint. Testimony was heard considered as read for amendment; that the resolu- from the following officials of the Department of tion be debatable for one hour equally divided and Defense: Douglas J. Feith, Under Secretary, Policy; controlled by the Majority Leader and the Minority and LTG James E. Cartwright, USMC, Director, Leader or their designees; and that the previous Force Structure, Resources and Assessment (J8),

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 D684 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2004 Joint Chiefs of Staff, and Ray DuBois, Deputy A. Williams, Mayor; and Linda W. Cropp, Chair- Under Secretary, Installations and Environment; and man, Council; and public witnesses. Lincoln P. Bloomfield, Jr., Assistant Secretary, Bu- reau of Political-Military Affairs, Department of GEOSPATIAL INFORMATION State. Committee on Government Reform: Subcommittee on NO CHILD LEFT BEHIND Technology, Information Policy, Intergovernmental Relations and the Census held a hearing entitled Committee on Education and the Workforce: Held a hear- ‘‘Geospatial Information: Are we Headed in the ing entitled ‘‘No Child Left Behind: Raising Student Right Direction or Are We Lost?’’ Testimony was Achievement in America’s Big City Schools.’’ Testi- heard from Karen S. Evans, Administrator, E-Gov- mony was heard from public witnesses. ernment and Information Technology, OMB; Linda TRAVEL, TOURISM, AND HOMELAND D. Koontz, Director, Information Management, SECURITY GAO; Scott J. Cameron, Deputy Assistant Secretary, Performance and Management, Department of the Committee on Energy and Commerce: Subcommittee on Interior; William Allder, Jr., Director, Office of Commerce, Trade and Consumer Protection held a Strategic Transformation, National Geospatial-Intel- hearing entitled ‘‘Travel, Tourism, and Homeland ligence Agency, Department of Defense; and public Security: Improving Both without Sacrificing Ei- witnesses. ther.’’ Testimony was heard from C. Stewart Verdery, Jr., Assistant Secretary, Border and Trans- STOLEN PASSPORTS portation Security Directorate, Department of Homeland Security; and public witnesses. Committee on International Relations: Held a hearing on Stolen Passports: A Terrorist’s First Class Ticket. PROTECTING HOMELAND SECURITY Testimony was heard from Clark Kent Ervin, Inspec- Committee on Energy and Commerce: Subcommittee on tor General, Department of Homeland Security; Telecommunications and the Internet held a hearing Frank Moss, Deputy Assistant Secretary, Passport entitled ‘‘Protecting Homeland Security: A Status Services, Bureau of Consular Affairs, Department of Report on Interoperability Between Public Safety State; and James M. Sullivan, Director, U.S. Na- Communications Systems.’’ Testimony was heard tional Central Bureau Interpol Criminal Police Orga- from David Boyd, Deputy Director, Office of Sys- nization, Department of Justice. tems Engineering and Development, Department of Homeland Security; John B. Muleta, Bureau Chief, HONG KONG—RECENT DEVELOPMENTS Wireless Telecommunications, FCC; Robert Committee on International Relations: Subcommittee on Legrande, Deputy Chief Technology Officer, District Asia and the Pacific held a hearing on Recent Devel- of Columbia; and a public witness. opments in Hong Kong. Testimony was heard from PROMOTING HOMEOWNERSHIP public witnesses. Committee on Financial Services: Subcommittee on Fi- MISCELLANEOUS MEASURES nancial Institutions and Consumer Credit and the Subcommittee on Housing and Community Oppor- Committee on the Judiciary: Ordered reported, as tunity held a joint hearing entitled ‘‘Promoting amended, the following bills: H.R. 3247, Trail Re- Homeownership by Ensuring Liquidity in the sponsibility and Accountability for the Improvement Subprime Mortgage Market.’’ Testimony was heard of Lands Act of 2003; H.R. 338, Defense of Privacy from Pamela Kogut, Assistant Attorney General, Act; H.R. 3632, Anti-Counterfeiting Amendments State of Massachusetts; and public witnesses. of 2003, and H.R. 2934, Terrorist Penalties En- hancement Act of 2003. CONSULTING CONTRACT; D.C. DIRECT REPRESENTATION PROPOSALS OVERSIGHT—DETRIMENTAL IMPACT OF Committee on Government Reform: Approved a Con- IMMIGRATION BACKLOG sulting Contract. Committee on the Judiciary: Subcommittee on Immi- The Committee also held a hearing entitled gration, Border Security, and Claims continued hear- ‘‘Common Sense Justice for the Nation’s Capital: An ings on ‘‘Families and Business Limbo: The Detri- Examination of Proposals to Give D.C. Residents mental Impact of the Immigration Backlog.’’ Testi- Direct Representation.’’ Testimony was heard from mony was heard from Prakash Khatri, Citizenship Representatives Regula and Rohrabacher; the fol- and Immigration Services Ombudsman, Department lowing officials of the District of Columbia: Anthony of Homeland Security; and public witnesses.

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 June 23, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D685 AMERICAN INDIAN REFORM ACT COIN MEASURES; U.S.-AUSTRALIA FREE Committee on Resources: Held a hearing on S. 1721, TRADE IMPLEMENTATION ACT American Indian Probate Reform Act of 2003. Testi- Committee on Ways and Means: Ordered reported, as mony was heard from Ross Swimmer, Special Trust- amended, the following bills: H.R. 1914, Jamestown ee for American Indians, Department of the Interior; 400th Anniversary Commemorative Coin Act of and public witnesses. 2003; H.R. 2768, John Marshall Commemorative Coin Act; and H.R. 3277, Marine Corps 230th An- OVERSIGHT—DEVELOPING BIOMASS niversary Commemorative Coin Act. POTENTIAL The Committee also approved the draft imple- Committee on Resources: Subcommittee on Forests and menting proposal on the United States-Australia Forest Health held an oversight hearing on Devel- Free Trade Implementation Act. oping Biomass Potential: Turning Hazardous Fuels into Valuable Products. Testimony was heard from Joint Meetings Chris Risbrudt, Director, Forests Products Labora- tory, Forest Service, USDA; and public witnesses. HIGHWAY TRUST FUND ACT Conferees met to resolve the differences between the MISCELLANEOUS MEASURES Senate and House passed versions of H.R. 3550, to Committee on Resources: Subcommittee on Water and authorize funds for Federal-aid highways, highway Power held a hearing on the following: H.R. 4300, safety programs, but did not complete action there- Eastern Municipal Water District Recycled Water on, and will meet again on Wednesday, July 7, System Pressurization and Expansion Project; H.R. 2004. 4389, To authorize the Secretary of the Interior to f construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from NEW PUBLIC LAWS the Santa Margarita River, California; H.R. 4459, (For last listing of Public Laws, see DAILY DIGEST, p. D632) Llagas Reclamation Groundwater Remediation Ini- H.R. 1086, to encourage the development and tiative; and H.R. 4606, Southern California Ground- promulgation of voluntary consensus standards by water Remediation Act. Testimony was heard from providing relief under the antitrust laws to standards William Rinne, Deputy Commissioner, Director of development organizations with respect to conduct Operations, Department of the Interior; and public engaged in for the purpose of developing voluntary witnesses. consensus standards. Signed on June 22, 2004. (Pub- lic Law 108–237) VETERANS’ MATTERS S. 1233, to authorize assistance for the National Committee on Veterans’ Affairs: Held a hearing enti- Great Blacks in Wax Museum and Justice Learning tled: ‘‘Protecting the Rights of Those Who Protect Center. Signed on June 22, 2004. (Public Law Us: Public Sector Compliance with the Uniformed 108–238) Services Employment and Reemployment Rights Act f and Improvement of the Servicemembers Civil Relief Act,’’ including discussion of the following: H.R. COMMITTEE MEETINGS FOR THURSDAY, 3779, Safeguarding Schoolchildren of Deployed Sol- JUNE 24, 2004 diers Act of 2004; H.R. 4477, Patriotic Employer (Committee meetings are open unless otherwise indicated) Act of 2004; the USERRA Health Care Coverage Extension Act of 2004; and the Servicemembers Senate Legal Protection Act of 2004. Testimony was heard Committee on Agriculture, Nutrition, and Forestry: Sub- from Representatives McGovern, Bradley of New committee on Forestry, Conservation, and Rural Revital- Hampshire, Slaughter and Ginny Brown-Waite of ization, to hold hearings to examine the implementation Florida; Dan G. Blair, Deputy Director, OPM; Scott of the Healthy Forests Restoration Act (P.L. 108–148), J. Bloch, Special Counsel, Office of Special Counsel; 9:30 a.m., SD–562. Craig W. Duehring, Principal Deputy Assistant Sec- Committee on Appropriations: Subcommittee on Transpor- tation, Treasury and General Government, to hold an retary, Reserve Affairs, Department of Defense; oversight hearing to examine passenger screening and air- David C. Iglesias, U.S. Attorney, District of Mexico, line authority to deny plane boarding, 2 p.m., SD–138. Department of Justice; Charles S. Ciccolella, Deputy Committee on Armed Services: to hold hearings to examine Assistant Secretary, Veterans’ Employment and the nomination of General George W. Casey, Jr., USA, Training Service, Department of Labor; and public for reappointment to the grade of general and to be Com- witnesses. mander, Multi-National Force-Iraq, 10 a.m., SD–106.

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Full Committee, to receive a closed briefing from the souri, as the ‘‘Vitilas ‘Veto’ Reid Post Office Building’’; Department of Defense regarding ICRC Reports on U.S. and H.R. 4427, To designate the facility of the United military detainee operations, 3 p.m., S–407, Capitol. States Postal Service located at 73 South Eucllid Avenue Committee on Commerce, Science, and Transportation: Sub- in Montauk, New York, as the ‘‘Perry B. Duryea, Jr., committee on Aviation, to hold hearings to examine secu- Post Office’’; followed by a hearing entitled ‘‘Target rity screening options for airports, 9:30 a.m., SR–253. Washington: Coordinating Federal Homeland Security Ef- Subcommittee on Science, Technology, and Space, to forts with Local Jurisdictions in the National Capital Re- hold hearings to examine H.R. 2608, to reauthorize the gion,’’ 10 a.m., 2154 Rayburn. National Earthquake Hazards Reduction Program, 2:30 Subcommittee on Human Rights and Wellness, hear- p.m., SR–253. ing entitled ‘‘Living with Disabilities in the United Committee on Energy and Natural Resources: Subcommittee States: A Snapshot,’’ 2:30 p.m., 2154 Rayburn. on National Parks, to hold hearings to examine S. 2543, Committee on International Relations, to mark up the fol- to establish a program and criteria for National Heritage lowing: H.R. 1587, Viet Nam Human Rights Act of Areas in the United States, 2:30 p.m., SD–366. 2003; H.R. 4303, American Schools Abroad Support Act; Committee on Foreign Relations: Subcommittee on West- a measure to amend the Millennium Challenge Act of ern Hemisphere, Peace Corps and Narcotics Affairs, to 2003 to extend the authority to provide assistance to hold hearings to examine the state of democracy in Ven- countries seeking to become eligible countries for pur- ezuela, 2 p.m., SD–419. poses of that Act; a measure to reauthorize the Tropical Committee on Health, Education, Labor, and Pensions: to Forest Conservation Act of 1998 through Fiscal Year hold hearings to examine the reauthorization of the Carl 2007; H. Res. 615, Expressing the sense of the House of D. Perkins Vocational and Technical Education Act, 10 Representatives in support of full membership of Israel in a.m., SD–430. the Western European and Others Group (WEOG) at the Committee on the Judiciary: business meeting to consider United Nations; H. Res. 617, Expressing support for the pending calendar business, 9:30 a.m., SD–226. accession of Israel to the Organization for Economic Co- operation and Development (OCED); H. Res. 652, Urg- House ing the Government of the Republic of Belarus to ensure Committee on Armed Services, Subcommittee on Readi- a democratic, transparent, and fair election process for its ness, hearing on contractor support in the Department of parliamentary elections in the fall of 2004; H. Res. 667, Defense, 10 a.m., 2118 Rayburn. Expressing support for freedom in Hong Kong; a resolu- Subcommittee on Tactical Air and Land Forces, hear- tion reaffirming unwaivering commitment to the Taiwan ing on Department of Defense small caliber ammunition Relations Act; H. Con. Res. 304, expressing the sense of programs, 2 p.m., 2118 Rayburn. Congress regarding oppression by the Government of the Committee on Education and the Workforce, Subcommittee People’s Republic of China of Falun Gong in the United on Employer-Employee Relations, hearing entitled ‘‘Ex- States and in China; H. Con. Res. 319, Expressing the amining Innovative Health Insurance Options for Work- grave concern of Congress regarding the continuing reers and Employers,’’ 10 a.m., 2175 Rayburn. pression of the religious freedom and human rights of the Committee on Energy and Commerce, to mark up the fol- Iranian Baha’i community by the Government of Iran; H. lowing bills: H.R. 2929, Safeguard Against Privacy Inva- Con. Res. 363, Expressing the grave concern of Congress sions Act; H.R. 2023, Asthmatic Schoolchildren’s Treat- regarding the continuing gross violations of human rights ment and Health Management Act of 2003; S. 741, and civil liberties of the Syrian people by the Govern- Minor Use and Minor Species Animal Health Act of ment of the Syrian Arab Republic; H. Con. Res. 436, 2004; H.R. 4555, Mammography Quality Standards Re- Celebrating 10 years of majority rule in the Republic of authorization Act of 2004; and H.R. 3981, To reclassify South Africa and recognizing the momentous social and fees paid into the Nuclear Waste Fund as offsetting col- economic achievements of South Africa since the institu- lections, 9:30 a.m., 2123 Rayburn. tion of democracy in that country; H. Con. Res. 415, Subcommittee on Oversight and Investigations, hearing Urging the Government of Ukraine to ensure a demo- entitled ‘‘A Review of Hospital Billing and Collection cratic, transparent, and fair election process for the presi- Practices,’’ 1:30 p.m., 2123 Rayburn. dential election on October 31, 2004; H. Con. Res. 418, Committee on Financial Services, Subcommittee on Capital Recognizing the importance in history of the 150th anni- Markets, Insurance, and Government Sponsored Enter- versary of the establishment of diplomatic relations be- prises, oversight hearing on the Public Company Ac- tween the United States and Japan; H. Con. Res. 422, counting Oversight Board, 10 a.m., 2128 Rayburn. Concerning the importance of the distribution of food in Committee on Government Reform, to consider the fol- schools to hungry or malnourished children around the lowing bills: S. 129, Federal Workforce Flexibility Act of world; and S. 2264, Northern Uganda Crisis Response 2003; H.R. 3340, To redesignate the facilities of the Act, 10:45 a.m., 2172 Rayburn. United States Postal Service located at 7715 and 7748 S. Subcommittee on Africa, hearing on Confronting War Cottage Grove Avenue in Chicago, Illinois, as the ‘‘James Crimes in Africa, 1 p.m., 2200 Rayburn. E. Worsham Post Office’’ and the ‘‘James E. Worsham Subcommittee on the Middle East and Central Asia, Carrier Annex Building,’’ respectively; H.R. 4327, To hearing on Iranian Proliferation: Implications for Terror- designate the facility of the United States Postal Service ists, their State-Sponsors, and U.S. Counter-proliferation located at 7450 Natural Bridge Road in St. Louis, Mis- Policy, 3 p.m., 2172 Rayburn.

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Subcommittee on International Terrorism, Non- sodium produced on Federal lands, 10 a.m., 1334 Long- proliferation and Human Rights, hearing on Trafficking worth. in Persons: A Global Review, 9 a.m., 2200 Rayburn. Subcommittee on Fisheries Conservation, Wildlife and Committee on the Judiciary, Subcommittee on Commer- Oceans, hearing on H.R. 3320, American Aquaculture cial and Administrative Law, to continue oversight hear- and Fisheries Resources Protection Act, 10 a.m., 1324 ings on the Administrative Conference of the United Longworth. States, II: Why is There a Need to Reauthorize the Con- Committee on Science, Subcommittee on Energy, hearing ference? 2:30 p.m., 2237 Rayburn. on Nuclear R&D and the Idaho National Laboratory, 10 Subcommittee on the Constitution, oversight hearing a.m., 2318 Rayburn. entitled ‘‘Limiting Federal Court Jurisdiction to Protect Subcommittee on Environment, Technology and Stand- Marriage for the States,’’ 10 a.m., 2141 Rayburn. ards, hearing on Testing and Certification for Voting Subcommittee on Courts, the Internet, and Intellectual Equipment: How Can the Process Be Improved? 2 p.m., Property, to mark up H.R. 112, To amend title 28, 2318 Rayburn. United States Code, to provide for an additional place of Committee on Transportation and Infrastructure, Sub- holding court in the District of Columbia; followed by committee on Water Resources and Environment, over- an oversight hearing entitled ‘‘Patent Quality Improve- sight hearing on Upper Mississippi and Illinois Rivers— Recommendations for Navigation Improvements and Eco- ment: Post-Grant Opposition,’’ 4 p.m., 2141 Rayburn. system Restoration, 10 a.m., 2167 Rayburn. Committee on Resources, hearing on the following bills: Committee on Veterans’ Affairs, Subcommittee on Health, H.R. 831, To provide for and approve the settlement of hearing on the Department of Veterans Affairs Real Prop- certain land claims of the Bay Mills Indian Community; erty and Facilities Management Improvement Act of and H.R. 2793, To provide for and approve the settle- 2004, 9:30 a.m., 334 Cannon. ment of certain land claims of the Sault Ste. Marie Tribe Committee on Ways and Means, Subcommittee on Trade, of Chippewa Indians, 2 p.m., 1324 Longworth. to mark up H.R. 4418, Customs and Border Security Act Subcommittee on Energy and Mineral Resources, hear- of 2004, 1:30 p.m., 1100 Longworth. ing on the following: H.R. 4010, National Geologic Select Committee on Homeland Security, hearing entitled Mapping Reauthorization Act of 2004; and H.R. 4625, ‘‘Information Sharing After September 11: Perspectives on To reduce temporarily the royalty required to be paid for the Future,’’ 10:30 a.m., 2322 Rayburn.

VerDate mar 24 2004 06:34 Jun 24, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN4.REC D23JN4 D688 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, June 24 10 a.m., Thursday, June 24

Senate Chamber House Chamber Program for Thursday: Senate will begin consideration Program for Thursday: Consideration of H. Con. Res. of the nominations of John C. Danforth, of Missouri, to 691—congratulating the interim government of Iraq on be a U.S. Representative to the United Nations, with the its assumption of full responsibility and authority as a rank and status of Ambassador, and the U.S. Representa- sovereign government (Unanimous Consent Agreement). tive in the Security Council of the United Nations, and Consideration of H. Res. 685—revising the concurrent to be U.S. Representative to the Sessions of the General resolution on the budget for fiscal year 2005, as it applies Assembly of the United Nations during his tenure of to the House of Representatives (Unanimous Consent service as U.S. Representative to the United Nations. Agreement). Also, Senate expected to begin consideration of the De- Consideration of H.R. 3973—Spending Control Act of partment of Defense Appropriations Act. 2004 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Kildee, Dale E., Mich., E1221 Ney, Robert W., Ohio, E1220 Kucinich, Dennis J., Ohio, E1221 Radanovich, George, Calif., E1219 Berman, Howard L., Calif., E1215, E1217, E1219 Lantos, Tom, Calif., E1215 Simmons, Rob, Conn., E1220 Conyers, John, Jr., Mich., E1217, E1218 McCollum, Betty, Minn., E1220 Thompson, Mike, Calif., E1221 Emerson, Jo Ann, Mo., E1219 Moore, Dennis, Kansas, E1216, E1217 Towns, Edolphus, N.Y., E1216, E1218

(Senate and House proceedings for today will be continued in the next issue of the Record.)

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